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 or invertebrate creature including
but not limited to mammals, reptiles, fish and fowl, but specifically
excluding human beings.
The animal control section of the city.
Any person designated by the supervisor of animal control
to enforce the provisions of this chapter.
Any authorized commercial establishment where three or more
cats over four months of age or eleven or more cats over four months
of age are kept for boarding or breeding purposes, except veterinary
facilities.
Any facility where a fee is charged to house, pasture or
rent horses or other livestock.
A lion, tiger, ocelot, cougar, leopard, cheetah, jaguar,
bobcat, lynx, serval, caracal, hyena, bear, coyote, jackal, baboon,
chimpanzee, orangutan, gorilla or any hybrid of any animal listed
in this definition.
Any avian species that is not indigenous to this state excluding
ostriches, emus, and rheas.
Grass-eating or plant-eating, single-hooved or cloven-hooved
mammals that are not indigenous to this state and are known as ungulates,
including animals from the swine, horse, tapir, rhinoceros, elephant,
deer and antelope family.
Any authorized commercial establishment where three or more
dogs over the age of four months are kept for breeding or boarding
purposes, except veterinary facilities.
Any member of the domesticated equine family, including horses,
ponies, mules, donkeys and burros, and all members of the domesticated
bovine family, including but not limited to cows. Large livestock
shall also include ostriches, emus and rheas.
The animal control officer designated by the city council
in accordance with section 826.017 of the Texas Health and Safety
Code.
Any person or group of persons living in the same household,
firm or corporation having title to or custody of any animal, or any
person who has, harbors, keeps, or causes or permits to be harbored
or kept an animal in his or her care or custody, or any person who
feeds an animal for seven days, or who allows an animal to remain
on or about his or her premises for ten days.
Any small place of confinement or enclosure used to contain
an animal(s) or livestock.
An animal shall be deemed restrained when it is:
Confined on the premises of the owner within a building, walled
or fenced enclosure;
Fastened or picketed by a lead or chain, not more than 20 feet
in length, so as to keep the animal on the owner's premises;
Under the control of a person by a leash;
On or within a vehicle being driven or parked; or
At heel beside a competent person and obedient to that person's
command. Minors shall not be considered competent persons.
Not completely confined by a building, wall, or fence of
sufficient strength or construction to restrain the animal, except
when such animal is on a secured leash or chain not more than 20 feet
in length or held in the hands of the owner or keeper, or under the
direct supervision of the owner or keeper within the limits of the
owner's private property.
All types of domesticated swine, sheep and goats.
The person designated by the city manager to supervise all
aspects of animal control.
Any individual animal of any species that has on two previous
occasions, without provocation, attacked or bitten any person or other
animal, or any individual animal which the supervisor of animal control
has reason to believe has a dangerous disposition, or any species
of animal which the supervisor of animal control has reason to believe
has a dangerous disposition likely to be harmful to humans or other
animals.
Any poisonous or dangerous reptile, or any other animal which
can normally be found in the wild state, not normally capable of being
domesticated, including but not limited to skunks, foxes, raccoons,
leopards, panthers, cougars, tigers, lions, lynx, ferrets, and opossums,
unless certified for medical, biological, herpetological, or other
scientific research or study.
(1984 Code, sec. 3-1; Ordinance
358 adopted 2/28/1984; Ordinance 4-8-97 adopted 4/8/1997; Ordinance 12-10-01 adopted 12/11/2001; Ordinance O-10-18 adopted 7/9/2018; 1997 Code,
sec. 90.01)
(a)
Enforcement
of this chapter shall be the responsibility of the supervisor of animal
control or any animal control officer.
(b)
Any
animal control officer shall have the authority to issue citations
for any violation of this chapter.
(1984 Code, sec. 3-2(a), (b); Ordinance
adopted 4/17/1911; Ordinance adopted 5/29/1918; Ordinance 358 adopted 2/28/1984; 1997 Code,
sec. 90.02)
(a)
It
shall be unlawful for any person to interfere with any animal control
officer in the performance of his or her duties.
(b)
It
is a defense to prosecution under this section that the interference
alleged consisted of constitutionally protected speech only.
(1984 Code, sec. 3-2(c); Ordinance
adopted 4/17/1911; Ordinance adopted 5/29/1918; Ordinance 358 adopted 2/28/1984; 1997 Code,
sec. 90.03)
(a)
It
shall be unlawful for any dog or other animal possessed, kept or harbored
to run at large.
(1984 Code, sec. 3-3(a), (e); Ordinance 13 adopted 8/6/1902; Ordinance adopted 4/17/1911; Ordinance adopted 5/29/1918; Ordinance 332 adopted 6/24/1980; Ordinance 358 adopted 2/28/1984; 1997 Code, sec. 90.04)
No owner shall possess, harbor or keep more than a total of
four dogs and cats over the age of four months or ten puppies or kittens
over the age of four months except for a kennel, cattery or veterinary
facility.
(1984 Code, sec. 3-3(b); Ordinance 13 adopted 8/6/1902; Ordinance adopted 4/17/1911; Ordinance adopted 5/29/1918; Ordinance 332 adopted 6/24/1980; Ordinance 358 adopted 2/28/1984; 1997 Code, sec. 90.05)
(a)
Fierce, dangerous or vicious dogs.
The owner shall confine
within a building or secure enclosure every fierce, dangerous or vicious
dog, and not take such dog out of such enclosure unless such dog is
securely muzzled.
(b)
Female dogs or cats in season.
Every female dog or cat
in season shall be confined in a building or a secure enclosure or
a veterinary hospital or boarding facility in such a manner that another
dog or cat cannot come in contact with it except for controlled breeding
purposes.
(1984 Code, sec. 3-3(c), (d); Ordinance 13 adopted 8/6/1902; Ordinance adopted 4/17/1911; Ordinance adopted 5/29/1918; Ordinance 332 adopted 6/24/1980; Ordinance 358 adopted 2/28/1984; 1997 Code, sec. 90.06)
(a)
Vaccination of dogs and cats required; metal and paper certificates.
All dogs and cats over the age of four months must be vaccinated
annually for rabies with an anti-rabies vaccine approved by the department
of state health services and administered by a veterinarian licensed
by the state. A metal certificate of vaccination with the year of
vaccination, a certificate number and the name, address, and phone
number of the vaccinating veterinarian or veterinary clinic must be
securely attached to a collar or harness that must be worn by the
dog or cat at all times. In addition to the metal certificate, a paper
certificate must be issued stating the name of owner, the address
of the owner, the telephone number of the owner, a description of
the animal, the date of vaccination, the number of the metal certificate,
and the kind of vaccine used, and signed by the administering veterinarian.
(b)
Registration procedures and requirements.
(1)
No owner shall have within the city any dog or cat over four months
of age unless such dog or cat is currently registered with animal
control. A current metal registration certificate, issued by animal
control, must be affixed to the collar or harness and must be worn
by the dog or cat at all times. No dog or cat shall be registered
until it has a current rabies vaccination.
(2)
Application for initial issuance or renewal of each registration must be made by the owner, in writing or in person, and must be accompanied by the paper vaccination certificate, and a fee as set forth in the fee schedule in appendix A of this code, unless the animal has been surgically sterilized, and proof of such sterilization is provided. The license fee for such surgically sterilized animals shall be as set forth in the fee schedule in appendix A of this code. If the original current registration certificate is lost or destroyed, the owner may obtain a duplicate from animal control, for a fee as set forth in the fee schedule in appendix A of this code. The registration fee shall be waived for any dog or cat who has its rabies vaccination in conjunction with the firefighter's annual vaccination clinic.
(3)
Registration certificates shall be issued annually and shall run
concurrently with vaccination certificates. Registration certificates
must be obtained within 30 days of vaccination. A registration or
vaccination certificate shall be valid only for the animal to which
it was originally issued.
(4)
If there is a change of ownership in a dog or cat currently registered
with animal control, transfer of registration shall be made upon request
of the owner, and there shall be no charge for such transfer.
(6)
Eligibility for fee-exempt registration does not relieve the owner
of his or her responsibility under the provisions of this chapter.
(c)
Denial of registration.
(1)
The supervisor of animal control may refuse to register a dog or
cat or may revoke a registration issued to any person who has been
convicted in a court of law in the state of any of the following:
(2)
Any person denied such a registration may appeal the refusal to a
committee made up of the chief of police or his or her designated
representative, the city manager or his or her designated representative,
and the city attorney or his or her designated representative. This
committee shall uphold or overturn the supervisor of animal control's
refusal of registration.
(d)
Guard dogs.
Every person having care or custody of a
dog which has received guard [dog] training must register such dog
with the supervisor of animal control. It shall be unlawful for any
person having ownership, occupancy or control of any property in the
city to permit or hire a guard dog to guard such property without
such dog having first been registered with the supervisor of animal
control pursuant to this subsection. Any dog which has received guard
dog training may be destroyed, if necessary, when such dog is running
at large. The owner, keeper, or person in charge of a guard dog shall
be subject to the other provisions of this chapter. Registration tags
identifying the animal as a guard dog must be worn by such animal
at all times, and the animal must be securely muzzled and leashed
when not in covered confinement, or fenced, while in actual performance
of its duties.
(1984 Code, sec. 3-4; Ordinance
217 adopted 3/13/1962; Ordinance 358 adopted 2/28/1984; 1997 Code, sec. 90.07; Ordinance adopting
2023 Code)
(a)
Animals subject to impoundment.
The following animals
are subject to impoundment:
(1)
Cats or dogs not exhibiting evidence of being vaccinated or registered, as described in section 3.01.007.
(2)
Any animal running at large, other than a cat; provided, however, a cat may be impounded under the conditions specified in subsection (b) of this section.
(3)
Any animal treated in a manner determined by an animal control officer
as cruel or inhumane.
(4)
Any animal that has bitten, scratched or viciously attacked a person,
or needs to be placed under observation for rabies, as determined
by an animal control officer.
(5)
Any animal in violation of any provision of this chapter.
(b)
Right of property owner to confine; notification of animal control.
If any animal named in this chapter is found on the premises
of any person, the owner or occupant of the premises shall have the
right to confine such animal in a humane manner until he or she can
notify animal control to impound the animal. When so notified, it
shall be the duty of an animal control officer to have such animal
impounded as herein provided.
(c)
Notification of animal owner by animal control.
Reasonable
effort shall be made by animal control to contact the owner of any
animal impounded which is wearing current registration or vaccination
certificates; however, final responsibility for location of an impounded
animal is that of the animal owner.
(d)
Reclaiming of impounded animals generally.
The owner may resume possession of any animal impounded upon payment of impoundment fees, handling fees, and any veterinary expenses incurred by animal control for the welfare of the animal, and upon compliance with vaccination and registration provisions of this chapter, except where prohibited in subsections (e) and (f) of this section.
(e)
Reclaiming of animals impounded on grounds of suspicion of cruel
or inhumane treatment.
Disposition of animals impounded
on the grounds of suspicion of cruel or inhumane treatment shall be
by the court of jurisdiction.
(f)
Reclaiming of animals under rabies quarantine.
If any
animal is being held under quarantine or observation for rabies, the
owner shall not be entitled to possession until it has been released
from such quarantine.
(g)
Designation of place of impoundment.
The city manager
shall select and establish a place for impounding all animals impounded
under any provision of this chapter.
(h)
Disposition of unreclaimed animals generally.
Any animal
except vicious, wild, or unvaccinated bite-case animals, not reclaimed
by the owners, may be humanely destroyed by animal control after being
held 72 hours, except that any animal wearing current registration
or vaccination metal certificates shall be held seven days prior to
disposition.
(i)
Disposition of impounded vicious or wild animals.
Any
vicious animal impounded, unless there is reason to believe such animal
has an owner, may be immediately disposed of as deemed appropriate
by the supervisor of animal control. Any impounded wild animal, unless
such animal is an endangered species, may be immediately disposed
of as deemed appropriate by the supervisor of animal control. Wild
animals that are considered endangered species will be immediately
reported to and turned over to the state department of parks and wildlife
for disposition.
(j)
Disposition of nursing baby animals.
Any nursing baby
animal impounded without the mother, or where the mother cannot or
will not provide nutritious milk, may be immediately euthanized by
animal control to prevent further suffering of such baby animals.
(k)
Adoption of impounded dogs and cats.
Any impounded dog
or cat not wearing current registration or vaccination certificates
may be given up for adoption after 72 hours, except those under quarantine.
Any impounded dog or cat wearing a current registration or vaccination
certificate may be given up for adoption after being held seven days.
If the rightful owner of the animal appears within seven days of adoption,
he or she may redeem the animal by paying the adopter all documented
expenses incurred, and reasonable board equal to the established daily
impoundment rate for the animal.
(l)
Disposition of animal upon direction of owner.
An owner
who no longer wants responsibility for an animal, or who believes
an animal to be ill or injured, may sign a written waiver, supplied
by animal control, allowing animal to be euthanized in a humane manner;
provided that such warmblooded animal has not bitten any human. Such
animal that has bitten shall be held for ten days' quarantine except
where laboratory examination is provided for.
(m)
Disposition of injured or ill animals.
Any impounded
animal that appears to be suffering from extreme injury or illness
may be euthanized or given to a nonprofit humane organization for
the purpose of veterinary medical care, as determined by the supervisor
of animal control.
(1984 Code, sec. 3-5; Ordinance
13 adopted 8/6/1902; Ordinance adopted 2/2/1911; Ordinance
adopted 4/17/1917; Ordinance adopted 5/29/1918; Ordinance 358 adopted 2/28/1984; Ordinance
10-14-98 adopted 10/27/1998; 1997 Code, sec. 90.08)
(a)
Impoundment fees generally.
Impoundment fees for each
impoundment within a 12-month period shall be established from time
to time by the city council and shall be on file with the city clerk.
(1)
Fees shall be determined for the following classes:
|
Class
|
Description
|
|---|---|
|
Class A-1
|
Surgically sterilized dogs and cats
|
|
Class A-2
|
Dogs and cats
|
|
Class B
|
Small livestock
|
|
Class C
|
Large livestock
|
|
Class D-1
|
Wild animal unconfined
|
|
Class D-2
|
Wild animal confined
|
(2)
If proof of surgical sterilization is provided within 15 days from
the date an animal is released, the difference in impoundment fees
between altered and unaltered animals shall be refunded. Dogs and
cats under the age of six months shall be charged the same impoundment
fee as sterilized animals. Animals may be exempted from sterilization
upon written recommendation from a veterinarian licensed to practice
in the state that such sterilization would be harmful or dangerous
to the animal, and owners of such animals will be subject to the lower
impoundment fee.
(3)
Animals not listed hereinabove shall be disposed of at the discretion
of animal control. Any animal impounded more than four times in a
12-month period will not be released to the owner without the written
approval of the supervisor of animal control. Impoundment for such
animal will be double the highest fee.
(b)
Daily handling fee.
A daily handling fee shall be charged for every day or fraction of a day that an animal is held at the animal control facility. The fee shall be based on the class of animal identified in subsection (a) of this section, and shall be established from time to time by the city council and shall be on file with the city clerk.
(c)
Quarantine fee.
The owner of any animal held in quarantine
for observation purposes shall be charged a fee established by the
city council and on file with the city clerk for every day or fraction
of a day the animal is held at the facility. This fee is in addition
to any impoundment fee.
(d)
Adoption procedures.
(1)
An individual may adopt an animal (dogs and cats only) from the city
animal shelter under the following conditions:
(2)
The purchaser of any dog or cat must have it vaccinated and obtain
a city license within 30 days after purchase.
(3)
The supervisor of animal control may refuse to allow a person to
adopt an animal whom he or she has reason to believe:
(1984 Code, sec. 3-6; Ordinance
13 adopted 8/6/1902; Ordinance adopted 4/17/1911; Ordinance adopted 5/29/1918; Ordinance adopted 10/22/1918; Ordinance 358 adopted 2/28/1984; 1997 Code, sec. 90.09)
(a)
Authority to quarantine.
The supervisor of animal control
shall have the authority to order quarantine of animals responsible
for biting incidents, or suspected of having any zoonotic disease
considered to be a hazard to the human or animal population.
(b)
Animals subject to quarantine; conduct of quarantine.
(1)
Every animal that bites a human or attacks another animal in an unnatural
manner, or has rabies or any other zoonotic disease, or is under suspicion
of having rabies or any other zoonotic disease, shall be immediately
confined by the owner, who shall promptly notify animal control or
an animal control officer of the place where such animal is confined
and the reason therefor. The owner shall not permit such animal to
come in contact with any other person or animal. The owner shall surrender
possession of such animal to animal control on demand for supervised
quarantine. Supervised quarantine shall be at the animal shelter,
or a veterinary hospital, or by any other method of adequate confinement
approved by the supervisor of animal control. The quarantine shall
be not less than ten days and shall be under the supervision of a
licensed veterinarian, who shall submit to animal control reports
on the quarantined animal's physical condition on the first, fifth,
and tenth days immediately following the date of bite incident or
any of the other above enumerated purposes for quarantine. A release
from quarantine may be issued if no signs of rabies or other diseases
have been observed during the quarantine period.
(2)
Any animal quarantined other than at the animal shelter shall be
observed by the same veterinarian throughout the entire quarantine
period in the same manner as outlined above, and the owner and veterinarian
shall immediately notify animal control as to the veterinarian and
location of quarantine. Animals being held in quarantine resulting
from bite episodes may not be held in quarantine at a veterinarian
located more than five miles outside the corporate city limits except
with written approval by the supervisor of animal control. If the
supervisor orders quarantine other than in the animal shelter or a
veterinary hospital, the owner shall be responsible for confining
the animal. He or she shall also be required to obtain the same veterinary
supervision of the animal and release from quarantine as would be
required in a veterinary hospital or at the animal shelter.
(c)
Violation of quarantine.
The violation of quarantine
by any person shall be just cause for seizure and impoundment of the
quarantined animal by animal control. It shall be unlawful for any
person to interrupt the observation period of any animal for any reason.
(d)
Investigation of bite reports; killing or removal of biting animal
prohibited.
All animal bite reports shall be investigated
by animal control. Without the permission of the supervisor of animal
control, it shall be unlawful for any person to kill or remove from
the city limits any animal that has bitten any person or other animal,
or that has been placed under quarantine, except when it is necessary
to protect the life of any person or other animal.
(e)
Disposition of suspected rabid animals.
The supervisor
of animal control shall direct the disposition of any animal suspected
of being rabid or of having any zoonotic disease considered to be
a hazard to any other animal or human being.
(f)
Surrender of carcass of dead animal suspected of having rabies.
The carcass of any dead animal exposed to rabies or suspected
of having been rabid shall, upon demand, be surrendered to animal
control.
(g)
Animals exposed to rabies.
Every animal exposed to rabies
shall be immediately confined by the owner, who shall promptly notify
animal control of the place where such animal is confined and the
reason therefor. The owner shall not permit such animal to come in
contact with any person or animal. Any animal exposed to rabies shall
be handled in one of the following manners:
(1)
Humane destruction, with notification to or under the supervision
of animal control;
(2)
If not currently vaccinated, quarantine under veterinary supervision
for at least 12 months immediately following exposure; or
(3)
If currently vaccinated, immediate re-vaccination and quarantine
under veterinary supervision for at least 90 days immediately following
exposure.
(h)
Refusal to surrender animal.
No person shall fail to
or refuse to surrender an animal for supervised quarantine or humane
destruction, as required herein for rabies control, when the demand
therefor is made by the supervisor of animal control or officers acting
under his or her direction.
(i)
Notification to animal control upon escape, sickness, or death of
quarantined animals.
Any person having possession of
or responsibility for any quarantined animal shall immediately notify
animal control if such animal escapes, or becomes or appears sick,
or dies, and in the case of death of the animal while under quarantine
shall immediately surrender the dead animal to animal control for
diagnostic purposes.
(1984 Code, sec. 3-7; Ordinance
217 adopted 3/13/1962; Ordinance 358 adopted 2/28/1984; 1997 Code, sec. 90.10)
(a)
It
shall be unlawful for any person to sell, offer for sale, barter,
or give away as toys, premiums or novelties, baby chickens or ducklings
or other fowl under three weeks old or rabbits under two months old,
unless the manner or method of display is first approved by the supervisor
of animal control.
(b)
It
shall be unlawful to color, dye, stain or otherwise change the natural
color of any chickens, ducklings, other fowl or rabbits, or to possess,
for the purpose of sale or to be given away, any of the above-mentioned
animals which have been so colored.
(1984 Code, sec. 3-8(a), (b); Ordinance 358 adopted 2/28/1984; 1997 Code, sec. 90.11)
(a)
It
shall be unlawful to keep any wild animal inside the corporate city
limits.
(b)
It
shall be unlawful to release or to allow to run at large any wild
or vicious animal, or any animal that has known vicious tendencies.
(c)
It
shall be unlawful to own, possess, confine or care for any dangerous
wild animal.
(1984 Code, sec. 3-8(c), (d); Ordinance 358 adopted 2/28/1984; Ordinance 12-10-01 adopted 12/11/2001; 1997 Code, sec. 90.12)
(a)
Authority to destroy if found at large.
Any vicious
animal found running at large may be destroyed by any peace officer
or animal control officer in the interest of public safety.
(b)
Authority to require removal from city; appeal from orders to remove.
The supervisor of animal control may order any owner or person
having care, control, or custody of any vicious animal to remove such
animal permanently from the city. This animal must be removed immediately
following receipt of such order, even if an appeal is initiated. This
order may be appealed in writing within ten days to a committee made
up of the city manager or his or her designated representative, the
chief of police or his or her designated representative, and the city
attorney or his or her designated representative. Such committee may
uphold, reverse, or modify the order given by the supervisor of animal
control, and may stipulate restrictions on the animal as a condition
to allowing the animal to remain in the city. If the committee upholds
the order as given by the supervisor of animal control, the owner
or person having care, control or custody shall not bring the animal
back inside the city limits.
(c)
Failure to remove; grounds for impoundment or destruction.
If the person having care, custody, or control of a vicious
animal fails to remove such animal, as provided for herein, such animal
may be impounded or destroyed.
(d)
Owner to report disposition and relocation.
The owner
or person having care, custody or control of a vicious animal must
report the disposition and relocation of such animal to the supervisor
of animal control, in writing, within ten days after the expiration
date for removal of such animal from the city. Each day thereafter
such information is not provided shall constitute a separate offense.
(e)
Search and seizure warrants authorized.
The supervisor
of animal control shall be authorized to obtain a search and seizure
warrant if there is reason to believe that an animal ordered removed
from the city for being vicious has not been so removed. Such warrant
may also be obtained if the owner of such animal that has been involved
in a bite incident or is suspected of having rabies or any other zoonotic
disease fails to surrender such animal for quarantine purposes or
for humane destruction.
(1984 Code, sec. 3-9; Ordinance
358 adopted 2/28/1984; 1997 Code, sec. 90.13)
(a)
Keeping swine or pot-bellied pigs prohibited.
It shall
be unlawful for a person to keep, or cause to be kept, for any purpose
whatever, any swine within the city. This shall include pot-bellied
pigs.
(b)
Number of animals.
Any foal, calf, kid or lamb six months
of age or older shall be considered to be an adult in determining
the number of livestock permitted in a given area. The number of adult
small and/or large livestock or combination thereof permitted shall
not exceed one adult per one-third acre for the first two acres, and
two adults per acre for each additional acre over two acres, excepting
stabled animals. The persons in lawful possession of the premises,
as owner or tenant, may keep thereon livestock belonging to others,
but the limitations as to the number of livestock on the premises
and the area and distance requirements of this section shall apply
and keeping livestock for others shall not be done as a business in
violation of the zoning ordinance.
(c)
Authority to waive requirements.
In cases involving
a scientific or educational program, a nonprofit organization show,
exhibition, or humane activity, or animals owned by the city, the
supervisor of animal control may waive certain requirements of this
section. Any person keeping an animal involved in a scientific or
educational program shall furnish to the animal control officer a
signed statement by the person in charge of such scientific or educational
program [stating] the name of the person keeping the animal, the address
of the person keeping the animal, the type of animal being kept, the
length of time the animal will be kept and the program for which the
animal is being kept.
(d)
Enclosure.
Any enclosure, pasture, pen, corral or other
restrictive area for large or small livestock shall be of sufficient
strength and construction so as to keep such livestock confined.
(e)
Gates.
All gates must be of sufficient strength and
construction so as to keep livestock confined.
(f)
Distance requirements.
It shall be unlawful for any
person, firm or corporation to keep on the premises under his, her
or its control, within the corporate limits of the city, any small
or large livestock in violation of the following restrictions:
(1)
No more than two small or large livestock shall be kept on the premises
unless they are enclosed within a pen or corral, the nearest point
of which is at least 100 feet from any human habitation, church, school
or business, other than that of the owner's or keeper's living quarters.
(2)
Not more than three small or large livestock shall be kept on the
premises unless they are enclosed with within a pen or corral, the
nearest point of which is at least 150 feet from any human habitation,
church, school or business other than that of the owner's or keeper's
living quarters.
(3)
Not more than four small or large livestock shall be kept on the
premises unless they are enclosed within a pen or corral, the nearest
point of which is at least 200 feet from any human habitation, church,
school or business other than that of the owner's or keeper's living
quarters.
(4)
Six or more small or large livestock may be kept on the premises
as long as they are enclosed within a pen or corral, the nearest point
of which is at least 250 feet from any human habitation, church, school
or business other than that of the owner's or keeper's living quarters.
(g)
Male livestock capable of breeding.
Large or small male
livestock capable of breeding will be confined in such a manner that
such animal will not be dangerous to human beings, and all breeding
will be done under the control of the owner, handler, or a licensed
veterinarian.
(h)
Waiver of distance requirements.
Distance requirements
may be waived under special circumstances with the approval of the
animal control officer.
(1984 Code, sec. 3-10; Ordinance
adopted 4/17/1911; Ordinance
108 adopted 6/13/1950; Ordinance 313 adopted -/-/-; Ordinance 328 adopted 6/24/1980; Ordinance 358 adopted 2/28/1984; Ordinance 4-8-97 adopted 4/8/1997; 1997 Code,
sec. 90.14)
Fowl and rabbits shall be kept in a secure pen or enclosure
that is at least 100 feet from an inhabited dwelling other than the
residence of the person keeping such animals.
(1984 Code, sec. 3-11; Ordinance
358 adopted 2/28/1984; Ordinance 4-8-97 adopted 4/8/1997; 1997 Code, sec. 90.15)
The owner or person in possession of animals shall keep yards,
pens and enclosures in which animals are confined in such a manner
so as not to give off odors offensive to persons of ordinary sensibilities
residing in the vicinity, or to breed or attract flies, mosquitoes
or other noxious insects or in any manner to endanger the public health
or safety.
(1984 Code, sec. 3-12; Ordinance
358 adopted 2/28/1984; Ordinance 4-8-97 adopted 4/8/1997; 1997 Code, sec. 90.16)
The following are established as guidelines for pet and animal
care and are not intended to contravene the provisions for animal
cruelty contained in the Texas Penal Code.
(1)
Provision for food, shelter and care.
No owner shall
fail to provide his or her animal with sufficient good and wholesome
food and water, proper shelter and protection from the weather, veterinary
care when needed to prevent suffering, and with humane care and treatment.
(2)
Abuse of animals; animal fighting.
No person shall beat,
cruelly ill-treat, torment, overload, overwork or otherwise abuse
an animal, or cause, instigate or permit any dogfight, cockfight,
bullfight or other combat between animals or between animals and humans.
(3)
Abandonment.
No owner shall abandon any animal. Any
animal left without proper food, water, or shelter for more than seven
days shall be considered abandoned. Animal control shall take any
abandoned animal into protective custody until owners of such animals
can be located or prosecuted.
(4)
Duties of person striking animal with motor vehicle.
Any person who, as the operator of a motor vehicle, strikes a domestic
animal shall stop at once and shall immediately report such injury
or death to the animal's owner. In the event that the owner cannot
be ascertained or located, such operator shall at once report the
accident to the appropriate law enforcement agency.
(1984 Code, sec. 3-13; Ordinance
358 adopted 2/28/1984; 1997 Code, sec. 90.17)
(a)
The
keeping of exotic animals is prohibited within the corporate limits
of the city, except as provided below.
(b)
Exotic
animals may be kept within the corporate limits of the city if approved
by a 3/4 vote of the city council.
(c)
Exotic
animals approved by the city council will be required to meet all
regulations of this chapter and other stipulations that may be prescribed
by the city council.
(d)
Exotic
animals approved by city council will be required to obtain all necessary
international, federal, state and local licenses and/or permits, if
required.
(Ordinance 4-8-97 adopted 4/8/1997; 1997 Code, sec. 90.18)
(a)
It
shall be unlawful to keep an animal or livestock on a chain or rope
placed in a manner that makes it possible to become entangled with
the restraints of other animals or livestock or with any other objects.
(b)
It
shall be unlawful to keep any animal or livestock on a chain or rope
that is of insufficient length to allow the animal or livestock complete
access to food, water and shelter at all times.
(c)
It
shall be unlawful to attach a chain to an animal or livestock in a
manner so as to cause injury or discomfort to the animal or livestock.
(d)
It
shall be unlawful to stake a cat outside on a leash, rope, chain or
similar apparatus.
(f)
(g)
Violations
of this section shall be punishable by a penalty of up to $2,000.00
per violation.
(Ordinance O-16-13 adopted 10/8/2013; 1997 Code, sec. 90.19)
(a)
Authorized.
Feral cat colonies shall be permitted and
feral cat colony caretakers shall be entitled to maintain and care
for feral cats by providing food, water, shelter and other forms of
sustenance, provided the feral cat colonies are registered with the
animal services department.
(b)
Registration.
Each feral cat colony within the city
limits must be registered annually with the animal services department.
This registration shall include:
(c)
Caretaker responsibilities.
(1)
Registering the colony with the animal services department.
(2)
Taking all appropriate and reasonable steps to have the colony population
vaccinated for rabies.
(3)
Taking all appropriate steps to have the colony population spayed
or neutered by a licensed veterinarian.
(4)
Providing food, water and, if feasible, shelter for colony cats.
(5)
Obtaining proper medical attention for any colony cat that appears
to require it.
(6)
Obtaining written authorization from the appropriate property owner
to enter on to private property to provide colony care.
(d)
Withdrawal of caretaker.
In the event a registered caretaker
is unable or unwilling to continue their duties with a colony, the
caretaker must notify the animal services department in writing. If
no replacement caretaker is readily available, the animal control
officer will determine the disposition of the abandoned feral cat
colony.
(Ordinance O-16-13 adopted 10/8/2013; 1997 Code, sec. 90.20)
(a)
No
person shall expose any known poisonous substance, including antifreeze,
whether mixed with food or not, so that such poisonous substance shall
be liable to be consumed by any domestic animal or person. This section
is not intended to prohibit the proper use of herbicides, insecticides,
or rodent control materials.
(b)
No
person shall expose an open trap of a metal jaw type that shall be
liable to injure any domestic animal or person; however, this shall
not preclude use of humane box traps.
(c)
The
city shall maintain, for use by persons in the city upon application,
animal traps for the capture of animals running loose in the city.
(d)
Any person desiring to use an animal trap belong to the city shall be charged a deposit in the amount set forth in the fee schedule in appendix A of this code.
(e)
The
applicant shall be responsible for and shall take care of, in an ordinary
prudent manner, any animal trap used by him. Upon return of the animal
trap to the animal control officer without damage other than reasonable
normal wear and tear, the deposit held by the city shall be refunded
to the trapper.
(f)
The
person applying for and using the trap shall be responsible for picking
up and returning the trap, and shall also be responsible for the setting
of and the operation of the animal trap. If an animal is trapped,
the city shall pick up the trap and the trapped animal, and the deposit
shall then be returned to the trapper.
(g)
A
trap checked out shall be returned on or before ten days after issuance,
or the applicant shall reapply on or before ten days after issuance
of a trap for an additional ten-day period of use.
(h)
Any
person desiring to trap nuisance animals with traps not obtained from
the city shall apply for a trapping permit with the animal control
officer. All traps must be humane box traps, and must be inspected
and approved by the animal control officer prior to use. Any animals
trapped must be reported to the animal control officer for proper
disposal.
(i)
Any
person caught trapping animals within the city limits without a permit
is subject to a penalty of up to $2,000.00 per violation.
(Ordinance O-16-13 adopted 10/8/2013; 1997 Code, sec. 90.21; Ordinance adopting 2023 Code)
