For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Any living, vertebrate creature, domestic or wild, other
than a human being.
The person or persons designated by the city manager to represent
and act for the city in the impoundment of animals, controlling of
animals running at large, and as otherwise provided and required in
this chapter. The term animal control officer shall include but is
not limited to the chief of police and all police officers of the
city.
A facility that keeps or legally impounds stray, homeless,
abandoned, or unwanted animals.
Any animal not kept under restraint.
A commonly domesticated member of the feline family, other
than a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or any
other wild or dangerous member of such family.
The certificate issued by a licensed veterinarian on a form
approved by the department of state health services for presentation
to the animal control officer as a condition precedent to the granting
of a dog or cat license and showing on its face that, at the time
of such presentation, the dog or cat covered thereby has been vaccinated
for rabies.
An animal, other than a dog, that:
Makes an unprovoked attack on a person or other animal 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.
A dog that:
Makes an unprovoked attack on a person or other animal 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.
All domesticated members of the canine family, but not including
wolves, jackals, foxes, coyotes, or any other wild or dangerous member
of such family.
Any bird.
Any dog which has been trained for the purpose of protecting
property by a guard dog company which is required to be licensed pursuant
to chapter 1702, Texas Occupations Code as amended from time to time.
A commercial establishment with indoor or outdoor pens in
which more than four (4) dogs or domesticated animals are housed,
groomed, boarded, trained or sold, all for a fee or compensation.
Any kennel lawfully located on a premises zoned for such
use as an SUP, wherein dogs registered with a nationally recognized
registration organization, over the age of three months are owned,
kept, or harbored for the purpose of breeding purebred or pedigreed
dogs, provided, however, this definition shall not apply to zoos or
to animal hospitals operated by veterinarians duly licensed under
the law.
An animal raised for human consumption or an equine animal
including but not limited to, a horse, stallion, mare, gelding, filly,
colt, mule hinny, jack, jennet, hog, sheep, goat, a head of any species
of cattle, or an emu, ostrich or rhea.
A municipal court of the city.
Any person or persons owning, possessing, harboring, keeping,
or sheltering any animal.
Any individual, firm, association, syndicate, partnership,
or corporation.
Any animal kept for pleasure rather than utility.
Female chickens (hens).
To take into custody and place in confinement as defined
in this chapter isolated from human beings and other animals in such
a way as to preclude the possibility of disease transmission. The
quarantine period for a dog or cat in rabies quarantine is ten (10)
days from the date of the bite, scratch or other exposure, or as recommended
by the regional veterinarian from the department of state health services.
An acute viral disease of man and animal affecting the central
nervous system and usually transmitted by an animal bite.
An animal is under restraint under the following conditions:
It is securely enclosed or confined to the owner’s yard
by a physical fence in a manner that will isolate the animal from
the public and from other animals except for animals owned or under
the control of the owner;
It is accompanied by the owner or trainer at a bona fide dog
show, field trial or exhibition;
It is secured by a leash of at least five (5) and not more than
ten (10) feet in length and of sufficient strength to control the
animal while the animal is being walked;
A specially trained dog that is used by a blind or deaf individual
to aid him or her within the city;
A guard dog in the performance of duty in an enclosed building
or securely fenced and locked area which is marked on all sides with
signs in four-inch letters stating “guard dog” and clearly
visible to the public;
A dog in a place of public assembly and effectively and securely
muzzled in order to prevent the dog from biting; or
A cat on the boundaries of the premises of the person who has
charge, care or ownership of the cat.
Any condition of good order and cleanliness which discourages
and limits disease transmission.
A fence or structure of at least six (6) feet in height,
forming or causing an enclosure suitable to prevent the entry of young
children, and suitable to confine a dangerous animal in conjunction
with other measures which may be taken by the owner. Such enclosure
shall be securely enclosed and locked and designed with secure sides,
top and bottom and shall be designed to prevent the animal(s) from
escaping from the enclosure. The enclosure shall be posted with signs
on all sides in four-inch letters warning of the presence of a dangerous
animal and shall include a symbol of a dangerous animal understandable
by young children.
Means in an area that is completely surrounded by a substantial
fence or enclosure of sufficient strength, height, construction, materials,
and design as to prevent any animal from escaping from the area and
in a manner that will isolate the animal from the public and other
animals except for animals owned or under the control of the owner.
Securely enclosed or confined does not mean enclosure or confinement
by an invisible or electronic fence.
Such fence or enclosure shall comply with the appropriate zoning
and building code regulations of the city.
An injury characterized by severe bite wounds or severe ripping
and tearing of muscle that would cause a reasonable prudent person
to seek treatment from a medical professional and would require hospitalization
without regard to whether the person actually sought medical treatment.
Surgical removal of the reproductive organs of a dog or cat
to render the animal unable to reproduce.
An incident in which a dog which attacked a human being or
an animal was not hit, kicked, or struck by a human being with any
object or part of a human being’s body, nor was any part of
the dog’s body pulled, pinched, or squeezed by a human being,
nor was the dog taunted or teased by any human being, nor was the
human being in the dog’s territory on the property of the dog’s
owner at the time of the attack.
An injection of a rabies vaccine approved by the United States
Department of Agriculture and administered by a licensed veterinarian.
Any wild mammal, amphibian, reptile, or fowl which is not
naturally tame or gentle but is of a wild nature or disposition and
which, because of its size, vicious nature, or other characteristics,
would constitute a danger to human life or property. Such animals
shall include but not be limited to lions, tigers, leopards, panthers,
bears, wolves, foxes, elephants, rhinoceroses, alligators, crocodiles,
and all other forms of poisonous reptiles and other like animals.
(2001 Code, sec. 90.01; Ordinance 09-055, sec. 1, adopted 9/14/09; Ordinance 21-032 adopted 8/9/21)
(a)
The
animal control officer is authorized to issue citations and summons
in the enforcement of all provisions of this chapter.
(Ordinance 11-018 adopted 4/11/11)
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with, or who resists the enforcement
of any of the provisions of this chapter, shall be fined not more
than two hundred dollars ($200.00) for each offense. Each day that
a violation is permitted to exist shall constitute a separate offense.
(2001 Code, sec. 90.99)
(a)
The
animal control officer is authorized to kill any dangerous animal
or dangerous dog when it is necessary for the protection of any person
or property.
(b)
Any
animal impounded or found at large within the city may be destroyed
upon determination by the animal control officer or a licensed veterinarian
that such animal has been injured or is sick and in such a state that
its recovery is seriously in doubt, or that such animal is sick and
endangers the health of other animals or persons.
(2001 Code, sec. 90.02)
(a)
It
shall be unlawful for anyone to cruelly beat or otherwise cruelly
maltreat any animal in the city; or to willfully and wantonly kill,
maim, wound, poison, or disfigure any animal, or to mutilate, cruelly
kill, overdrive, override or overload, or unnecessarily confine or
in any manner oppress the same; or to unnecessarily fail to provide
the same with proper food, drink, or shelter; or to drive, work, or
use the same when such animal is maimed, wounded, sick, lame, or otherwise
unfit for labor; or to willfully abandon the same to die; or to carry
or to cause the same to be carried, hauled, or forced along in a cruel
or inhuman manner; or to leave any animal tied up or confined anywhere,
day or night, for more than 12 hours at a time without properly feeding,
watering, and caring for the same. This section is not to be construed
to prevent police officers or other persons from killing dogs or other
animals when lawfully entitled to do so.
(b)
It
shall be unlawful for anyone to cruelly beat or otherwise maltreat
in the city any animal retained as or to be sold as a pet; or to willfully
and wantonly maim, wound, poison, or disfigure any such animal; or
to mutilate or cruelly kill; or to willfully abandon the same to die;
or to leave any such animal tied up or confined anywhere day or night,
without properly feeding, watering, and caring for the same (including
but not restricted to providing veterinary care) in a manner consistent
with the natural needs of such animal.
(2001 Code, sec. 90.03)
It shall be unlawful for any person to keep on premises under
his or her control within the city any livestock in such a manner
that the livestock will be located closer than one hundred fifty (150)
feet to any person’s living quarters. It shall further be unlawful
to keep any such livestock in an area wherein there is less than five
thousand (5,000) square feet per head of livestock so kept, to which
five thousand (5,000) square feet each such animal shall have unrestricted
access, provided, however, that this section shall not apply to any
property surrounded by property or acreage not subdivided or platted.
(2001 Code, sec. 90.04)
(b)
This
provision shall not apply to proprietors of animal hospitals, pet
stores, and veterinarians when such animals are kept on premises used
by such animal hospitals, pet stores, veterinarians and kennels as
their normal place of business. Keeping on the premises of the owner
more than the permitted number of dogs and/or cats shall be prima
facie evidence of violation of this section, and the burden of proof
shall be on the owner to show the ages of such dogs and/or cats.
(2001 Code, sec. 90.10; Ordinance 09-055, sec. 2, adopted 9/14/09)
It shall be unlawful to keep bees in any location within the
city.
(2001 Code, sec. 90.18)
(a)
Any person selling within the city any warm-blooded animal, except as excluded by subsection (a)(3) of this section, to any other person or entity for use, retention, resale, or transfer of such animal as a pet shall do all of the following:
(1)
Have the animal examined by a veterinarian no more than 30 days prior
to the sale; and,
(2)
Furnish the purchaser a certificate in the following format and containing
specific information identified in the parenthesis, which certificate
shall be signed by the seller:
|
“SAMPLE BILL OF SALES FOR A PET
|
|
The (description of animal) sold by (name of seller) to (name
of purchaser) on (date of sale) (is/is not) a primate and has been
examined on (date of examination) by (name of veterinarian), a licensed
veterinarian who certified that such animal was found to be free from
disease or parasites.
|
|
(name of seller)”
|
(b)
No
person shall sell any animal for use, retention, resale, or transfer
of such animal as a pet when the person knows that such animal is
diseased or contains internal parasites.
(c)
If
the animal is a primate, the seller shall furnish a certificate of
a licensed veterinarian certifying that the animal was tested for
tuberculosis and found to be free from such disease.
(d)
Any
person found guilty of making a false statement in any such certificate
shall be deemed guilty of a misdemeanor.
(e)
Any
person who sells, trades, barters, leases, rents, gives away, or displays
for a commercial purpose, any live animal on any roadside, public
right-of-way, or commercial parking lot shall be deemed guilty of
a misdemeanor.
(2001 Code, sec. 90.14)
(a)
It
is unlawful for anyone to keep or harbor any wild animal within the
city limits.
(b)
A
special use permit may be obtained for these exceptions: animals being
kept in a zoo; wild animals being kept for purposes of scientific
research; public or private primary or secondary school; performing
animal exhibition, rodeo, or circus of which the animal is an integral
part, if the animal is restrained from inflicting injury upon persons,
property, or other animals and adequate provisions are made for the
care and protection of the animal. A performing animal exhibition,
rodeo, or circus requires a permit from city council.
(c)
A person commits an offense if he or she possesses, exhibits, or harbors a wild animal within the city in the manner referred to in subsection (b) of this section without first obtaining a permit.
(d)
A
permit can be issued only after city council approval.
(e)
The
fee for a permit application shall be as set forth in the city fee
schedule, and the permit is valid for a designated period of time
as determined by the city council. Prior to renewal of any permit,
the city council shall review such application and make a final approval
thereof.
(2001 Code, sec. 90.15)
No person shall willfully or knowingly harbor or keep on his
or her premises, or elsewhere, any animal of any kind that makes or
creates an unreasonable disturbance to the peace of the neighbors
or occupants of adjacent premises or people living in the vicinity
thereof or suffer or permit such animal to make or create unusual
noises by howling, barking, bawling, or otherwise. A person shall
be deemed to have willfully and knowingly violated the terms of this
section if such person is notified by the neighbors, the animal control
officer, the chief of police, or any police officer of such disturbance
and subsequently refuses for a period of twenty-four (24) hours to
correct such disturbance and prevent its recurrence. Any person with
reasonable cause to believe that this section has been violated may
file a complaint with the municipal court.
(2001 Code, sec. 90.20)
(a)
The
owner(s) of every animal shall be responsible for the removal of any
excreta deposited by their animal(s) on public walks, public rights-of-way,
recreational areas, or private property owned by another.
(b)
It
shall be unlawful for any owner to fail to remove such animal excreta
from public areas and private areas owned by another.
(c)
All
pens and enclosures wherein farm livestock, chickens, turkeys, geese,
guineas, or other such animals are kept shall be maintained and kept
in such a manner as not to become unsanitary or offensive to persons
residing in the vicinity thereof; nor shall they be maintained or
kept as to breed flies or in any manner cause any injury to the health
of the public residing in the vicinity of the pen or enclosure.
(d)
The
determination that such pens or enclosures are unsanitary or offensive
to persons residing in the vicinity thereof, that such pens or enclosures
are being maintained or kept so as to breed flies, and/or that such
pens or enclosures are maintained in any manner as to cause any public
injury to the health of the public residing in the vicinity of the
pen or enclosure shall be made by the animal control officer. Such
determination shall be prima facie evidence of violation of this article,
and such violation shall be a misdemeanor.
(2001 Code, sec. 90.16)
The owner of any animal may request to surrender the animal
to the animal control officer for adoption or destruction. The animal
control officer, in the animal control officer’s sole discretion
based upon the ability to transport and/or impound the animal, the
probability the animal may be adopted, and other relevant considerations,
may determine whether to accept the animal. If the animal control
officer does accept the animal, the owner will be charged the fee
set forth in the city fee schedule.
(2001 Code, sec. 90.21)
The carcass of any dead animal shall be removed within twenty-four
(24) hours by the owner of the animal and if owner is not known, by
the property owner or resident of where the dead animal was found.
(Ordinance 09-055, sec. 3, adopted 9/14/09)
(a)
No
person may keep, maintain or operate a kennel unless allowed by zoning
district and a valid operating permit is issued under this section.
(b)
Any
owner, operator or person in control of a premises where a kennel
is permitted shall cause and permit the inspection of the premises
by the city’s animal control officer.
(c)
Payment
of an annual kennel inspection fee, as set forth in the city fee schedule,
is required in order to apply for a new or renewable kennel operations
permit.
(d)
Once
kennel operations have been inspected and approved by the animal control
officer, a kennel operation permit will be issued.
(e)
A
kennel operator’s permit is valid for only one (1) year and
must be renewed annually.
(f)
Kennel
operations found to be in violation of any health and/or safety regulations
or that is maintained in such a manner as to be detrimental to the
health, safety and general welfare of persons or other animals residing
in the vicinity, may have its permit suspended and/or revoked.
(g)
Kennels
must be kept and maintained in a sanitary, neat and clean condition,
[free of] fecal accumulation, odors and parasite infestation.
(h)
Good
ventilation and proper temperatures must be maintained within healthful
comfortable limits for the dogs.
(i)
Fencing,
pens and enclosures must be sturdy and well maintained–being
of substantial strength and height to safely secure dogs and providing
a humane habitat.
(j)
Containers
filled with clean drinking water must be available to each dog.
(k)
The
inside and outside facilities must be of proper size to accommodate
the breeds and number of dogs cared for by the handler. Crates used
to transport dogs to shows and portable exercise pens do not constitute
an acceptable kennel facility. It is unacceptable to maintain dogs
in crates in a travel vehicle while at home.
(l)
Facility
must be in compliance with all local and state regulations.
(m)
All
fees required under this section shall be as established by the city
council.
(n)
Size recommendations for kennel facilities.
|
Breeds
|
Inside
|
Outside
|
|---|---|---|
|
|
(LxWxH)
|
(LxWxH)
|
|
Very Small - under 15 lbs. Toy
|
22" x 18" 18"
|
10' x 2' x **
|
|
Small Dogs - 15 to 35 lbs. Terriers, Cockers
|
30" x 24" x 36"
|
10'-20" x 3' x **
|
|
Medium Dogs - 35 to 60 lbs. Dalmatians, Springers
|
48" x 48" x 36"
|
15'-25' x 4' x **
|
|
Large Dogs - 60 - 100 lbs. Goldens, Shepherds
|
60" x 60" x 48"
|
30' x 5' x **
|
|
Extra Large Dogs - 100+ lbs.
|
72" x 72" x 60"
|
40' x 6' x
|
|
** The height of the inside/outside fencing will be dependent
upon the breeds that are using the areas and whether the tops are
covered.
|
The width of the pens inside and out will also be dependent
on the breeds being housed as long tailed breeds need wider areas
to keep from knocking their tails on enclosures. There must be at
least one fenced in exercise area that is totally secure - bottom
and sides to prevent escape.
(Ordinance 09-055, sec. 5, adopted 9/14/09; Ordinance adopting Code)
In those zone districts where keeping of farm animals (as that
term is defined in section 5.1.2 of the Land Use Code [section 14.1.2
of the zoning ordinance]) is not otherwise allowed, the keeping of
chickens shall be permitted at a residence zoned single family residential
subject to the following requirements and subject to all other applicable
provisions of this chapter.
(1)
The
keeping of roosters is prohibited; only poultry shall be permitted,
and all references herein to poultry shall mean hens only;
(2)
Poultry
may be kept and maintained in rear yard only of such residential property
in the following numbers:
(3)
The
poultry must be provided with a covered, predator-resistant poultry
house that is properly ventilated, designed to be easily accessed,
cleaned and maintained, and must consist of at least four (4) square
feet for each chicken;
(4)
During
daylight hours, the poultry must have access to the poultry house
and also have access to an outdoor enclosure that is adequately fenced
to protect them from predators;
(5)
The
poultry must be further protected from predators by being closed in
the poultry house from dusk to dawn;
(6)
Neither
the poultry house nor the outdoor enclosure may be located less than
fifteen (15) feet from any abutting property line;
(7)
The
poultry must be sheltered or confined in such fashion as to prevent
them from coming into contact with wild fowl or their excrement; and
(8)
The
poultry may not be killed by or at the direction of the owner or keeper
thereof except pursuant to the lawful order of county health officials,
or for the purpose of euthanasia when surrounded to a licensed veterinarian
or the Humane Society for such purpose, or otherwise expressly permitted
by law.
(Ordinance 21-032 adopted 8/9/21)
