(a)
It
shall be unlawful for any animal to be at large. An owner of an animal
found to be at large shall be responsible for the offense, and no
culpable mental state is required.
(b)
It
shall be an affirmative defense to prosecution under this section
that the animal was a feral cat participating in a trap, neuter, and
return program approved by the city. “Feral cat” means
any homeless, wild, or untamed cat.
(Ordinance 10-003-00 adopted 3/4/10)
(a)
Although cats shall be exempt from any leash requirements, it
shall be unlawful for any owner of a cat to allow said cat to stray
onto the property of anyone except the owner. Any cat found straying
onto the property of anyone except the owner shall be deemed a public
nuisance and shall be subject to impoundment. It shall be an affirmative
defense to prosecution under this section that any such person may
show that they released or returned a stray or feral cat pursuant
to a trap-neuter-return program. It shall also be an affirmative defense
to prosecution under this section that the actor released or returned
a previously trapped wild living creature in accordance with state
wildlife laws and regulations.
(b)
Under this section following a "trap-neuter-return" means that
the cat is:
(c)
"Veterinarian" under this section shall have the same meaning
as set forth in section 801.002 of the Occupations Code.
(Ordinance 10-003-00 adopted 3/4/10; Ordinance
O-2024-013 adopted 3/7/2024)
(a)
It shall be unlawful for any animal to be tied or staked upon any open or unfenced lot or land in a manner which allows the animal to come within ten (10) feet of any street, park or other public land or within ten (10) feet of any sidewalk, public passageway or building. An animal tied or staked in violation of this subsection shall be considered at large in violation of section 4.09.001.
(b)
If
an animal is tied or staked, regardless of location, it shall be unlawful
for the tie, tether or chain securing the animal to be less than ten
(10) feet in length. If a chain is used, it shall be unlawful for
the chain to weigh more than one-quarter the weight of the animal.
(c)
It
shall be unlawful to tie, tether, chain, stake or fasten an animal
in such a manner as to cause it injury or pain or not permit it to
reach shelter, food or water. The owner of the animal or the person
actually tying or staking the animal shall be responsible for the
offense.
(Ordinance 10-003-00 adopted 3/4/10)
Any dog, while on a street, sidewalk, or public way or in any park, public square, or other public space, shall be restrained and secured by a leash or chain of sufficient tensile strength to restrain the particular dog. Said leash or chain shall not be longer than twenty-five (25) feet in a public park and shall not be longer than six (6) feet on or in any other place. An animal that is not restrained in compliance with this section shall be considered at large in violation of section 4.09.001.
(Ordinance 10-003-00 adopted 3/4/10)
It shall be unlawful for any owner or custodian of any animal
to fail to exercise proper care and control of such animal to prevent
the same from becoming a public nuisance.
(Ordinance 10-003-00 adopted 3/4/10)
Every female dog or cat in heat shall be confined in a building
or other enclosure in such a manner that such female dog or cat cannot
come into contact with another animal except for planned breeding.
(Ordinance 10-003-00 adopted 3/4/10)
Any dog or cat that has rabies, or symptoms thereof, or that
is suspected of having rabies, or that has been exposed to rabies,
shall be handled in a manner consistent with state law regarding the
disposition of animals exposed to rabies. It shall be unlawful for
any owner to fail to comply with a quarantine requirement or condition,
including a home quarantine authorized by an animal control officer.
If an owner fails to comply, in addition to any criminal penalties,
the animal shall be immediately seized and impounded.
(Ordinance 10-003-00 adopted 3/4/10)
Every owner of a guard or attack dog shall keep such dog confined
in a building, compartment or other enclosure. Any such enclosure
shall be completely surrounded by a fence at least six (6) feet in
height and shall be topped with an anti-climbing device constructed
of angle metal braces with at least three (3) strands of equally separated
barbed wire stretched between them.
(Ordinance 10-003-00 adopted 3/4/10)
All anti-climbing devices shall extend inward at an angle of
not less than forty-five (45) degrees nor more than ninety (90) degrees
when measured from the perpendicular. The areas of confinement shall
all have gates and entrances thereto securely closed and locked, and
all fences properly maintained and escape-proof.
(Ordinance 10-003-00 adopted 3/4/10)
It shall be unlawful for any person to leave any guard or attack
dog unattended in any place inside any building unless a warning sign
has been placed in a clearly visible location at the premises, located
so that it can be seen by any person before entering the premises,
warning that a guard or attack dog is present. It shall be unlawful
for any person to leave any guard or attack dog unattended in any
place outside a building without a warning sign placed in a clearly
visible location at the premises, located so that it can be seen by
any person before entering the place to which the dog has access,
warning that a guard dog or attack dog is present.
(Ordinance 10-003-00 adopted 3/4/10)
The provisions of this article shall not apply to dogs owned
or controlled by government law enforcement agencies.
(Ordinance 10-003-00 adopted 3/4/10)
