Animals shall be provided humane care, and treated and transported in a humane manner and not in violation of V.T.C.A., Penal Code sections 42.09 and 42.092, V.T.C.A., Health and Safety Code tit. 10, as amended, or any other provision of law, including federal, state and local laws, ordinances and rules.
(1977 Code, sec. 4-41(a))
(a) 
A person commits an offense if:
(1) 
A person fails to provide an animal under his or her care, custody, control and/or ownership with adequate wholesome food and water, proper shelter and protection from inclement weather, and veterinary care when needed to prevent suffering;
(2) 
A person having charge or care, custody or control of an animal places or confines such animal, or allows such animal to be placed or confined, in a motor vehicle, trailer or other enclosure under such conditions, or for such a period of time, as to endanger the health of the animal due to heat, lack of food or water, or such other circumstances as may cause injury or death to the animal;
(3) 
A person treats an animal in an inhumane or cruel manner as defined by V.T.C.A., Penal Code sections 42.09 and 42.092, as amended, or V.T.C.A., Health and Safety Code ch. 821, as amended;
(4) 
A person knowingly owns, harbors, trains, sells or offers for sale any animal which is to be used for the purpose of fighting, or to be trained, tormented, badgered or baited for the purpose of causing or encouraging said animal to attack human beings or animals when not provoked, except that this section shall not apply to guard dogs;
(5) 
A person mutilates any animal, whether such animal is dead or alive. This subsection does not apply to medical or veterinary medical research, medical or veterinary medical autopsies, or biology class use of animals for educational purposes;
(6) 
A person causes an animal to fight another animal or person;
(7) 
A person other than a licensed veterinarian docks an animal’s tail, or crops an animal’s ears, or castrates an animal; provided, however, this section shall not apply to normal livestock operations occurring within the city;
(8) 
A person dyes or colors chicks, ducks, rabbits, reptiles or birds;
(9) 
A person transporting an animal fails to effectively restrain an animal so as to prevent the animal from leaving or being accidentally thrown from a vehicle during normal operation of the vehicle, or fails to effectively restrain an animal so as to prevent infliction of bodily harm to passersby. Provided, however, the provisions herein shall not prohibit a person from transporting an effectively confined or tethered dog(s) in the open bed of a pickup truck;
(10) 
A person is in control of a motor vehicle which strikes a domestic animal or livestock within the corporate limits of the city and fails to report the accident to the city enforcement agent as soon as practical;
(11) 
Abandons any animal that he or she has possession or ownership of at the animal services facility, at any other place of business, on public property, or with any person that has not consented or has revoked consent to be responsible for the care of the animal.
(12) 
A person ties or tethers a dog in a manner that prevents the animal from access to adequate shelter, food and water;
(13) 
A person ties or tethers a dog in such a manner that the animal could become entangled or injured;
(14) 
A person cruelly confines an animal in a manner that prevents the animal from being able to stand to his full height, stretch out, turn around and lie down and make normal postural adjustments comfortably for a period of twenty-four (24) hours or more;
(15) 
A person confines an animal in such way that the animal is forced to stand and/or lay within its own feces, standing water or other unsanitary conditions.
(16) 
Fails to reclaim any animal that he owns from the animal services facility or any person who had temporary possession of the animal.
(17) 
An owner of an animal commits an offense if he fails to:
(A) 
Keep any cage, pen, enclosure, or other area in which the animal is kept in a sanitary condition; or
(B) 
Remove all animal excreta from the cage, pen, enclosure, or other area in which the animal is kept as often as necessary to maintain a healthy environment.
(18) 
Permits any yard, ground, premises, or structure belonging to, controlled by, or occupied by him to become nauseating, foul, offensive, or injurious to the public health or unpleasant and disagreeable to adjacent residents or persons due to the accumulation of animal excreta.
(b) 
Animals seized pursuant to this section may be impounded and the animal services authority may petition the municipal court for a hearing to determine whether the animal was inhumanely treated and to determine the disposition of the animal. The petition shall be filed within forty-eight (48) hours of the seizure. If the court is not open during this 48-hour period, the petition shall be filed the next day the court is open for business. If a hearing is not requested, then the animal shall be returned to the owner upon request of the owner.
(1977 Code, sec. 4-41(b); Ordinance 05-2018 adopted 3/5/18)
(a) 
An owner of a dog commits an offense if he tethers the dog or allows the dog to be tethered in any manner or by any method that:
(1) 
Allows the dog to leave the premises owned, leased, or occupied by the dog’s owner;
(2) 
Allows the dog to become entangled;
(3) 
Does not allow the dog access to food, water, and appropriate shelter if outside; or
(4) 
Does not meet the requirements for tethering a dog under subsection (b) of this section.
(b) 
The following requirements apply to a dog tethered within the city:
(1) 
The dog must be properly fitted with and wearing a harness or collar made of leather or nylon.
(2) 
The tether must be attached to the dog’s harness or collar and not directly to the dog’s neck.
(3) 
The tether must be at least five (5) times the length of the dog from nose to tail.
(4) 
The tether may not, due to its weight, cause injury or visible discomfort to the dog.
(5) 
May only be tethered for a reasonable amount of time not to exceed three (3) hours in a twenty-four (24) hour period, or no longer than necessary to complete a temporary task that required the dog to be restrained.
(Ordinance 05-2018 adopted 3/5/18)