It is the purpose of this chapter to provide regulations for the control and care of animals in the city, to prevent and control the transmission of rabies to human beings and domestic animals, to reduce the number of stray dogs and cats in the city and the attendant health risks such animals pose, to provide regulations for the control of dangerous animals in the city and to prevent and control the attendant risks that dangerous animals pose to the public, to encourage responsible ownership of animals in the city, to prevent nuisances and to protect the health, safety and welfare of the general public.
When used in this chapter, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows:
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 refusing to claim or failing to timely redeem any animal impounded or quarantined by the city, as specified in this chapter.
A structure with three sides, a roof and a floor to prevent rain or other precipitation from entering.
Any living creature, including but not limited to, dogs, cats, cows, horses, birds, fowl, fish, mammals, reptiles, insects and livestock, but specifically excluding human beings.
An individual designated by the city to represent and act for the city in impounding animals, controlling animals running at large, and as otherwise provided by this chapter, and includes individuals acting under the authority, direction, or supervision of the animal control officer.
Any facility operated by the city for temporary care, confinement and detention of animals and for humane euthanasia or other disposition of animals (rescue, redemption, and adoption).
Any stage of the common domestic honeybee (Apis mellifera).
Any box, groups of boxes, or any other thing or object adapted to the keeping of bees.
Any abrasion, scratch, puncture, tear, or piercing of skin actually or suspected of being caused by an animal.
The state board of health.
Physical pain, illness or any impairment of physical condition.
Any live or dead cat (Felis catus).
With respect to an animal, confined within a house, building, or other enclosure, or within a fenced yard or premises, so that the animal cannot escape from said house, building, or other enclosure, or fenced yard or premises, without human assistance.
Includes a manner that causes or permits unjustified or unwarranted pain or suffering.
Shall include torturing or poisoning an animal; failing to reasonably provide food, water, care, or shelter; treating an animal in a cruel manner causing serious injury or death to the animal; unreasonably abandoning an animal in the person’s custody; transporting or confining an animal in a cruel manner; causing bodily injury to an animal; fighting one animal with another; or seriously overworking or overloading an animal.
Vaccinated and satisfying the following criteria:
The animal must have been at least three (3) months of age at the time of vaccination;
At least thirty (30) days have elapsed since the initial vaccination;
Not more than twelve (12) months have elapsed for the one-year vaccine or not more than thirty-six (36) months have elapsed for the three-year vaccine (after the initial vaccination and the one-year booster).
Any animal which has been determined to be dangerous as set forth herein by the animal control officer or appropriate court; which demonstrates behavior and/or possesses the vicious propensity to inflict serious bodily injury or death upon human beings and constitutes a danger to human life or domestic animals; or any animal which has behaved in such a manner that the owner thereof knows, or reasonably should know, that the animal is possessed of tendencies to commit unprovoked attacks or to injure human beings or domestic animals; or any animal certified by a veterinarian, after observation thereof, as posing a danger to human beings or animals; or any animal that commits an unprovoked attack upon a human being or other domestic animals; or any animal that commits an unprovoked act that causes 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 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 in 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.
The department of state health services.
Means that a dog or cat has been effectively treated for roundworms, hookworms, and tapeworms within the immediate preceding 12-month period.
Any live or dead dog (canis familiaris).
Shall include all species of animals commonly and universally accepted as being domesticated.
The domestic ferret is of the species Mustela putorius furo. Shall mean any live or dead domestic ferret (Mustela putorius furo).
Any variety of rabbit (Oryctolagus cuniculus) live or dead. Any domesticated rabbit raised as a house pet must not be used for breeding purposes.
A fence with pickets four feet high and not more than six inches apart; a fence with three boards not less than five inches wide and one inch thick or four rails provided the fence is at least four feet high; a fence constructed of a pipe which demonstrates a sufficient strength and height to restrain the animal being contained; or, a chainlink fence at least four feet in height. Fencing must be in good repair, sufficient for the breed, and may not include trash (including, but not limited to doors, mattress springs, etc.).
Temperatures above 90 degrees or below 42 degrees, snow, sleet, ice or heavy rain.
Any animal generally considered domesticated but that does not have an owner and is wild.
Shall include chickens (roosters and hens), ducks, swans, geese, pigeons, pheasants, peacocks, turkeys, guineas, quail, doves, or similar feathered animals except parakeets, parrots or other birds that are customarily retained as common household pets.
The act of keeping and caring for an animal or of providing a premises to which the animal returns for food, shelter or care for a period of three (3) days, or taking control of an animal for at least twenty-four (24) consecutive hours.
Shall include dogs, cats, rabbits, rodents, parakeets, parrots, reptiles, pot-bellied pigs, and any other species of animal which is sold or retained as a household pet, but shall not include skunks, non-human primates, venomous snakes and any other species of wild, exotic or carnivorous animal that may be further restricted in this law or by state or federal law.
Apprehending, catching, trapping, netting, tranquilizing, confining, or, if necessary, destroying any animal by the animal control officer.
When referring to a dog, a dog that has been injected for prevention of parvo and distemper within the immediately preceding 12-month period; and
When referring to a cat, a cat that has been injected for prevention of infectious feline diseases, panleukopenia, viral rhinotracheitis, and calicivirus within the immediately preceding 12-month period.
To be kept separated and protected from all other animals or humans.
A house for a dog/cat or for a pack/pride of dogs/cats or a professional establishment where dogs/cats are bred, raised, boarded, or trained. Veterinary clinics are excluded from this definition. Any household within the city limits that contains more than five (5), dogs or cats or a combination of ten (10), dogs and cats shall be considered a kennel and falls under all laws governing kennels (local, state and federal). Animals being fostered through legitimate rescues will not count towards the number of animals per household.
Shall include cattle, oxen, horses, goats, sheep, swine, mules, donkeys, llamas, burros, ostriches, emus or any crossbreeding of such species, and all other domesticated animals kept for agricultural purposes (i.e. breeding for sale or slaughter), for pleasure or for aesthetic value.
A person designated by the mayor and confirmed by the city council to receive reports of animal bites, investigate bite reports, ensure quarantine of animals and otherwise carry out provisions of state law pertaining to control and eradication of rabies. Other people, such as police chiefs, county judges, veterinarians, or pet owners, cannot overrule the LRCA.
Any person, firm or corporation who has right of property in an animal or who harbors, shelters, keeps, controls or manages an animal or allows an animal to remain about his premises for a period of three (3) days or longer to exclude veterinary facilities, boarding facilities, the animal shelter and rescue groups.
Shall include dogs, cats, rabbits, rodents, birds, reptiles, and any other species of animal which is sold or retained as a household pet but shall not include skunks, non-human primates, venomous snakes and any other species of wild, exotic or carnivorous animal that may be further restricted in this law or by state or federal law.
Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property.
A period of time in which an animal is isolated and under close observation for signs of rabies or other zoonotic diseases in accordance with state law and applicable regulations of 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.
On premises of owner.
Any animal not confined to the premises of the owner by a secure enclosure of sufficient height, strength, length and/or manner of construction sufficient for the breed to preclude the animal from leaving the premises of the owner.
Off premises of owner.(A) (B)
Any animal which is not physically and continually restrained by some person by means of a leash or a chain of proper strength and length that precludes the animal from making any unsolicited contact with any person, their clothing, their property and/or their premises.
Provided, however, that any animal which is securely confined within a cage, automobile, truck or any other vehicle, and that cannot come into contact with any other person/property other than the owners, shall not be deemed at large.
The act of killing, bleeding out and/or eviscerating (removing the entrails) any animal.
Any animal that is improperly restrained; that wanders upon a public place, roadway, street, highway, or the property of another person; or that is impounded or brought to an animal shelter and is not wearing a collar or harness with a license tag, vaccination tag, or identification tag, and does not have an identification tattoo or microchip implant.
Controlled by leash, cord, or other suitable material attached to a collar or harness, or within a motor vehicle.
An incident in which an animal has attacked a human being or an animal and 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 animal’s body pulled, pinched, or squeezed by a human being, nor was the animal taunted or teased by any human being, nor was the human being in the animal’s territory or on the property of the animal’s owner at the time of the attack.
Properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed to practice in the state.
An animal that commonly exists in a natural, unconfined state and is not domesticated, or was domesticated but has become feral, regardless of the circumstances or duration of captivity. Examples of wild animals include, but are not limited to, live monkey, raccoon, skunk, fox, lion, tiger, bobcat, cougar, panther, leopard, cheetah, bear, javelina, wolf, coyote, elephant, Gila monster, water moccasin, coral snake, rattlesnake, copperhead, king cobra, other poisonous snakes and reptiles, python, boa constrictor, crocodile, and alligator. This definition includes hybrids, and includes animals defined as a dangerous wild animal or exotic animal under state or federal law.
(a)
It shall be unlawful for any person to own, keep, possess, or harbor any animal in the city except as provided in this chapter, and any failure, neglect, or refusal to comply with the provisions of this chapter or any act or omission contrary to the terms hereof shall be deemed a violation hereof.
(b)
Enforcement of this chapter shall be the responsibility of the animal control officer or any police officer (referred to herein collectively as “enforcement officers”).
(c)
Enforcement officers shall have the authority to issue citations for any violation of this chapter. It shall be a violation of this chapter for any person being issued a citation for a violation of this chapter to intentionally or knowingly fail to give the enforcement officer the person’s true name and address or to intentionally or knowingly fail to appear in accordance with the terms of the citation issued by the enforcement officer. For purposes of this section, a person shall be in violation upon failure to provide the requisite identification information upon a request for identification being issued by a person known to be an enforcement officer. If the person being cited is not present, the enforcement officer issuing the citation may send the citation to the alleged offender by registered or certified mail, return receipt requested. If the citation should come back unclaimed, then the citation shall be sent by regular mail. If the regular mailing does not return as unclaimed, the service of the citation shall be deemed completed.
(d)
It is unlawful for a person to interfere with an enforcement officer in the performance of the enforcement officer’s duties under this chapter.
(e)
Enforcement officers are authorized to pursue animals running at large onto private property while enforcing the provisions of this chapter.
(a)
Any person violating any of the provisions of this chapter shall be deemed guilty of a class C misdemeanor and, upon conviction, shall be fined in accordance with the general penalty provided in section 1.01.009, Frost Code of Ordinances. Each and every day of occurrence of the violation of the provisions of this chapter shall constitute a separate violation offense.
(b)
Any owner of an animal that is released to the animal control officer must pay, in advance, for the destruction of the animal. If the owner of any animal (other than those released voluntarily by the owner), seized or impounded by the animal control officer does not claim the animal within three (3) days, an abandonment charge shall be brought against the owner and said additional charge shall be deemed a separate offense.
If, in the event the city incurs any fee(s) and/or other charges for the enforcement of any section or provision of this chapter, said fee(s) and/or charges will be charged back to the owner or responsible party for which enforcement and/or services were rendered.
No person shall tie up or enclose, or use any horse, mare, gelding, mule, ox or cow or any other domestic animal within the city limits without the consent of the owner.
(Ordinance 280 adopted 2/2/15)
(a)
Permit required; standards for issuance.
Kennels may only be operated within the city if a permit is obtained from the city. The city may issue such a permit if:
(1)
The property and facility are inspected by the animal control officer or his designee and are determined to meet the requirements of this chapter as to the proper care and treatment of animals, prevention of nuisances and the prevention of zoonotic diseases;
(2)
The owner and/or operator of the kennel has paid any and all permit fees as may be established by the city council; and
(3)
Permits must be renewed annually and each renewal will require inspection and approval by the animal control officer or his designee.
(b)
Revocation of permit.
A kennel permit may be revoked by the city for cause, including but not limited to violations of the provisions of this chapter or the inability of the permit holder to keep the animals in a healthy or sanitary environment. If the city denies or revokes a kennel permit, the city shall give written notice to the applicant or permit holder by personal service or certified mail, return receipt requested. The applicant or permit holder may appeal the decision to deny or revoke the permit by filing written notice with the city secretary or his designee within five (5) days after receipt of notice. The city secretary, at least five (5) days before the date of the hearing of the appeal, shall give written [notice] of the time and place of the hearing to the applicant or permit holder by personal service or certified mail, return receipt requested. The city secretary or his designee shall decide the appeal based on a preponderance of the evidence presented at the hearing. The decision of the city secretary or his designee shall be final.
(c)
Operation and care of animals.
Kennels must be operated and all animals must be cared for in accordance with state law, including but not limited to the Texas Health and Safety Code and this chapter.
(d)
“Grandfather” exemption.
The owner and/or operator of a kennel operated within the city prior to the adoption of the revised city ordinance dated February 2, 2015, shall be considered “grandfathered” and therefore exempt from new restrictions and/or regulations of said city ordinance. If and in the event the owner, operator or premises discontinues operation as a kennel then the “grandfather” clause will lapse.
(Ordinance 280 adopted 2/2/15; Ordinance adopting Code)
(a)
The carcass of any animal, not slaughtered for food, but dead of disease or any other cause, shall be removed and/or disposed of by the owner (if known), and if not known, the owner of the premises where such animal is found, at his own expense, within twenty-four (24) hours after such death, according to such methods as may be approved by the health officer.
(b)
It shall be unlawful for any person to leave the carcass of any animal which died in the actual possession or ownership of such person in any public ground, road, street, or alley; or within fifty (50) yards of such ground, street, alley or public road.
(c)
All animal carcasses shall be properly buried or hauled to such a distance beyond the city as not to be offensive to the residents of the vicinity or to persons passing.
The city council may enter into contracts or agreements with public or private entities to carry out the activities required or authorized under this article.
No person or household shall keep or harbor more than four (4) animals of the same species at any one residential location. A litter under four (4) months of age shall not be counted for the purpose of this section.
(a)
Tying, staking or tethering animal.
Animals shall not be tied, staked or tethered during the hours of 10:00 p.m. and 6:00 a.m. and during extreme weather conditions. Animals shall not be inhumanely chained, tied, fastened or otherwise tethered. The following conditions must be met:
(1)
Only one animal may be tethered to each cable run.
(2)
The tether must be attached to a properly fitting collar or harness worn by the animal, with enough room between the collar and the animal’s throat through which two fingers may fit. Choke collars and pinch collars are prohibited for purposes of tethering an animal to a cable run.
(3)
There must be a swivel on at least one end of the tether to minimize tangling of the tether.
(4)
The tether and cable run must be of adequate size and strength to effectively restrain the animal and must not weigh more than 1/8 of the animal’s body weight.
(5)
The cable run must be at least fifteen feet in length and mounted to either a swivel tie-out or to a cable/trolley/pulley system.
(6)
The length of the tether from the cable run to the animal’s collar should allow access to the maximum available exercise area and should allow continuous access to water, food, shelter, shade and a dry area. The animal must be able to have room to urinate or defecate in a separate area from the area where it must eat, drink or lie down. The tether system must be of appropriate configuration to confine the animal to the owner’s property, to prevent the tether from extending over an object or an edge that could result in injury or strangulation of the animal, and to prevent the tether from becoming entangled with other objects or animals.
(b)
Confinement during estrus.
Any unspayed female dog or cat in the state of estrus (heat) shall be humanely confined during such period of time in a house, building or secure enclosure to ensure that an unwanted pregnancy will not occur. Owners who do not comply shall be ordered to remove the animal in heat to a veterinary hospital or boarding facility. All expenses incurred as a result of this confinement shall be paid by the owner.
(a)
If any animal without a license tag or other identifying marker is found in a state of pain or suffering or becomes so during confinement, the city or its agent may dispose of the animal in any humane manner without complying with the three (3) day, seventy-two (72) hour [waiting period].
(b)
If the owner or keeper of an animal found in a state of pain or suffering refuses to assume responsibility to care for the animal, the enforcement officer may dispose of the animal in a humane manner.
(a)
In addition to actions and conditions provided elsewhere in this chapter to be public nuisances, the commission of any of the following acts, or permitting any of the following conditions to exist on or to one’s property within the city, shall constitute a nuisance to the health, safety, and general welfare of the city and its inhabitants and shall be unlawful, to-wit:
(1)
The keeping of an animal enclosure that emits foul and offensive odors which are obnoxious to any person of ordinary sensitivity in the vicinity.
(2)
The keeping of bees that endanger the health and welfare of persons in the vicinity.
(3)
The keeping of a dog, cat, or other pet animal that enters the property of another and commits any act that disturbs any person of ordinary sensitivity.
(4)
The parking on or along any highway, street, or alley within the city, any vehicle used for hauling animals or fowl that emits odors obnoxious to any person of ordinary sensitivity in the vicinity.
(b)
Whenever any complaint is made to the city as to the unsanitary condition or offensive odors resulting from the keeping of such livestock, fowl, or pet animal or if such shall come to the attention of the city without complaint, the city shall investigate the same, and if such unsanitary condition is found to exist, the same shall constitute a nuisance. The city may give the owner or possessor of such livestock or fowl instructions as to how to clean up such premises and abate the nuisance, and if such unsanitary condition is not remedied within twenty-four (24) hours thereafter, complaint shall be filed against such owner, keeper or possessor for maintaining a nuisance in the city.
It shall be unlawful for any person to harbor or keep on his premises or in or about his premises, or premises under his control, any animal which, by making any loud, barking, growling, howling, whining and/or continuous noise for fifteen minutes, shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed. Such person shall be guilty of a misdemeanor and, upon conviction, shall be fined as provided in section 2.01.004. Violations of this article on different days shall constitute separate offenses.
(a)
Animal control must notify, in writing or by certified letter, the owner of the dog in question that the dog has been deemed dangerous. The owner of the dangerous dog must deliver the dog to animal control officers immediately upon the dog being deemed dangerous by animal control. If the owner does not deliver the dog within 24 hours of such designation, animal control has the authority to seize the dog with a seizure warrant. The owner has 30 days to comply with the requirements listed in subsection (c).
(b)
The owner, not later than the fifteenth day after the owner is notified the dog is a dangerous dog, may appeal the determination of animal control to the city’s municipal court. Upon notice of appeal by the owner to the municipal court regarding a dangerous dog, the court will conduct a hearing within ten (10) days regarding the validity of such finding. Such finding must be supported by a preponderance of the evidence.
(c)
The following criteria must be met to retain ownership of a dangerous dog and the dog must be in compliance with the following criteria:
(1)
Proof of liability insurance or financial responsibility of one hundred thousand dollars ($100,000.00) must be provided to the chief of police or designee;
(2)
The dangerous dog must also be registered with the chief of police or designee. A tag will be provided to identity a dangerous dog. A dangerous dog fee, as established by Texas Health and Safety Code chapter 822, must be paid upon registration and renewed annually;
(3)
The owner must purchase a fluorescent yellow collar for the dog that can be seen from fifty (50) feet away;
(4)
All dangerous dogs must be confined by a building, wall or fence of sufficient strength or construction to retain the dog and the enclosure/property housing the dog must be clearly marked with a visible sign that the enclosure contains a dangerous dog. The enclosure must be reasonably constructed to keep the dog from escaping (all enclosures must have four sides, a top, a bottom and locks on the gates). Chains, ropes and/or leashes may not be used as the primary means of restraint (may be used as a secondary restraint inside the proper enclosure) for dangerous dogs; and
(5)
The owner must secure the dog with a muzzle that does not interfere with the dog’s vision or respiration when the dog is removed from its secure enclosure.
(d)
Owners of a dangerous dog commit a class C misdemeanor if the dangerous dog makes any unprovoked attack outside its enclosure or the owner does not comply with all requirements in this section.
(e)
Owners of a dangerous dog commit a class B misdemeanor if the owner has previously been convicted for not complying with the requirements in this article.
(f)
Any dangerous dog or other animal found running at large may be destroyed by any peace officer [or] animal control officer in the interest of public safety.