Any dog or cat four months of age or older.
Any living creature, including but not limited to, dogs,
cats, pigs, horses, birds, fish, mammals, reptiles, insects, fowl
and livestock, but specifically excluding humans.
The individual or agency, designated by the city administrator,
which is authorized to represent and act for the city to receive reports
of animal nuisances, animals at large, animal bites, and other animal
matters, and to serve as the local rabies control authority, investigating
bite reports, ensuring quarantine of possibly rabid animals, and carrying
out provisions of state law pertaining to control and eradication
of rabies and otherwise enforcing the provisions of this article.
Any facility designated and/or operated by the city for the
purpose of impounding and caring for animals held under authority
of this article.
Any animal of any family or breed which is off premises of
the owner and is not either:
Restrained by means of a crate, carrier, leash or chain, as described in section 2.05.004 of this chapter, or by other physical apparatus of sufficient strength and length to preclude the animal from making any unsolicited contact with any person, their clothing, their property, or their premises; or
Confined within the animal owner or handler’s vehicle in such a manner as to preclude the animal from making any unsolicited contact with any person, their clothing, their property, or their premises, provided such confinement is in accordance with section 2.05.010 of this chapter.
Physical pain, illness, or any impairment of physical condition.
A domesticated member of the family Felidae (fells catus).
The City of Hudson Oaks, Texas.
The corporate city limits of Hudson Oaks, Texas.
Any collar constructed of nylon, leather, or similar material,
specifically designed to be used for a dog or cat. Properly fitted
collar means, with respect to a collar, a collar that measures the
circumference of the animal’s neck plus at least one inch.
Any treatment to any animal in violation of the Texas Penal
Code.
Vaccinated for rabies and satisfying the following criteria:
An animal that:
Makes an unprovoked attack on a person or other domestic animal
that causes serious bodily injury or death; or
Is not in a secure enclosure or safely restrained as described in article 2.07 of this chapter, and acts, unprovoked, in such a way as to cause a person to reasonably believe that the animal will attack and cause bodily injury, serious bodily injury, or death to that person or another domestic animal.
An animal of a species, other than a common domestic species,
that poses a potential physical or disease threat to the public regardless
of state and duration of captivity, including but not limited to the
following:
Class reptilia.
Family Helodermatidae (venomous lizards); family Viperidae
(rattlesnakes, copperheads, cotton mouths, other pit vipers and true
vipers); family Elapidae (coral snakes, cobras, mambas and other elapid);
the following listed species of family Colubridae – Dispholidus
typos (bloom slang), Hydrodynastes gigas (water cobra), Boiga (mangrove
snake) and Thelotornis (African twig snake) only; order Phidia, family
Doidae (racers, boas, water snakes and pythons) and other Crocodilia
(crocodiles, alligators, caimans and gavials);
Class aves.
Order Falconiforms (such as hawks, eagles and vultures);
subdivision Ratitae (such as rheas, and cassowaines); and order Sting
forms (such as owls);
Class mammalia.
Order Carnivora, family Felidae (such as lions, cheetahs,
bobcats, lynxes, servals, caracals, ocelots, margays, tigers, jaguars,
binturongs, leopards and cougars), except commonly accepted domesticated
cats; family Canidae (such as wolves, dingoes, hyenas, coyotes, jackals
or hybrids thereof), except domesticated dogs, family Mustelidae (such
as weasels, skunks, martins, mink and badgers), except ferrets; family
Procyonidae (raccoon); family Ursidae (such as bears); order Marsupialia
(such as kangaroos and common opossums); order Edentata (such as sloths,
anteaters and armadillos); order Proboscidae (elephants); order Primata
(such as monkeys, chimpanzees, orangutans, and gorillas); and order
Ungulata (such as antelope, deer, bison and camels, except where harbored
on property which is zoned for agricultural use as is at least five
(5) acres); and
Other dangerous animals not listed.
The animal control authority may declare any species of animal
not listed in this definition as prohibited if the confinement of
the animal within the city is shown to constitute a threat to public
health and/or safety.
Any domesticated member of the family Canidae, but shall
not include a wolf, jackal, coyote, fox or other dangerous wild animal
of this family or hybrid thereof.
Chickens, turkeys, pheasant, quail, geese, ducks, ostriches,
emus, pigeons, or similar feathered animals regardless of age, sex
or breed.
To feed, shelter or maintain any animal, fowl, livestock
or wildlife.
The product of mating two different species of animal regardless
of the number of generations born since that original mating.
Any premises where any person engages in the business of
boarding, breeding, buying, letting for hire, or selling dogs, cats,
or other animals and that is located within the corporate limits on
property zoned to allow such use as permitted by the city’s
zoning regulations.
Horses, mules, donkeys, cattle, goats, sheep, emus, and ostriches,
llamas, alpacas, and any member of the order Ungulata (such as antelope,
deer, bison and camels) regardless of age, sex, size or breed.
A passive electronic device implanted under the skin of an
animal for the purpose of identifying its owner. Each microchip shall
contain a unique and original number that is read by an electronic
scanning device for purposes of animal identification and recovery
by the animal’s owners. The microchip implant shall be supplied
with an exterior collar-type tag for purposes of an external means
of notifying others that the animal has been implanted with a microchip.
Any animal which negatively impacts the health, safety, property,
or environment of another animal or person, including, but not limited
to, any animal which:
Molests passersby or passing vehicles;
Attacks other domestic animals;
Trespasses on school grounds;
Is repeatedly at large;
Climbs upon a motor vehicle belonging to another;
Damages private or public property not belonging to the animal’s
owner;
Barks, whines, or howls in an excessive, continuous, or untimely
fashion;
Tears, punctures, or otherwise opens refuse containers, causing
their contents to be emptied or exposed to the elements;
Causes fouling of the air by odor, thereby creating an unreasonable
annoyance or discomfort to a person of ordinary sensibilities in close
proximity to the premises where the animal is kept or harbored;
Defecates on any property except that belonging to the animal’s
owner; or
Interferes with refuse collection or other service personnel.
Any person, firm or corporation that has a property right
in an animal, or who has care, control, custody, possession of or
harbors an animal, or who provides a premises to which the animal
returns for food, shelter or care. An animal shall be deemed to be
owned by a person who harbored it, fed it, or sheltered it for three
(3) or more consecutive days.
Any spectacle, display, or act or event, other than circuses,
in which animals perform tricks, feats, or other exhibitions of training.
Any individual, firm, association, syndicate, partnership,
corporation, or other entity.
An establishment offering small animals such as dogs, cats,
birds, fish, ferrets, and similar animals which are not dangerous
wild animals or livestock, for sale, and that is located within the
corporate limits on property zoned to allow such use as permitted
by the city’s zoning regulations.
The requirement for all dogs and cats and any animal declared
to be dangerous to be registered annually with the city, for all relevant
fees to be paid, and for all animals to wear appropriate city-issued
registration tag(s).
A chain, rope, tether, leash, cable, or other device that
attaches or ties a dog or other animal to a stationary object or trolley
system.
A fenced area that is locked; capable of preventing the entry
of the general public, including children; capable of preventing the
escape or release of an animal; and, if applicable, clearly marked
as containing a dangerous dog.
An injury characterized by bite wounds or ripping and tearing
of muscle and/or bodily tissues that would cause a reasonably prudent
person to seek treatment from a medical professional and would require
hospitalization without regard to whether the person actually sought
medical treatment.
Any person providing legitimate, authorized service to a
property including, but not limited to, public safety personnel, utility
technicians, letter carriers, couriers, or delivery personnel, plumbers,
electricians, lawn maintenance workers, pest control professionals,
or contractors, and other comparable service professions.
A medical procedure removing the reproductive organs or otherwise
rendering a dog or cat unable to reproduce.
Pigs, hogs, potbellied pigs, or any member of the family
Suidae.
The animal was not hit, kicked, struck, pulled, pinched,
squeezed, etc. by a person or an object, and the animal was not provoked
or taunted in a manner that an ordinary person would find unreasonable
or objectionable.
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.
(a)
A
person commits an offense if he/she violates, disobeys, or fails to
comply with a term or provision of this chapter. Unless specifically
provided otherwise herein, an offense does not require proof of a
culpable mental state. It is the intent of this chapter to impose
strict liability for violation or failure to comply with provisions
of this chapter.
(b)
For
purposes of enforcement and prosecution, a rebuttable presumption
of ownership exists with respect to each adult resident of the premises
upon which an animal which is the subject of a prosecution is kept,
maintained, harbored or possessed upon the date of the violation alleged.
(c)
A
person commits an offense if, with intent to deceive, he/she knowingly
makes a false report or statement, either verbal or written, to the
animal control authority which is material to an investigation of
an alleged violation of this chapter. This applies whether such false
statement is made to an animal control officer, an animal control
technician, an animal control veterinary technician or other personnel
duly designated by the city council to enforce this chapter. A false
report or statement under this provision shall include, but not be
limited to, a report of the occurrence of a violation or incident
which the reporting person knows did not occur.
(d)
Parental responsibility.
(1)
If an animal is owned or purported to be owned by an individual who
is younger than seventeen (17) years of age, responsibility and liability
for compliance with this chapter with respect to such an animal shall
be imposed on the parent, legal guardian, or other person who has
the duty of control and reasonable discipline of the minor individual,
regardless of whether the parent, legal guardian, or other person
otherwise meets the definition of “owner” with respect
to the animal at issue.
(2)
Financial liability imposed under this subsection shall not exceed
limits imposed by state law.
(3)
It shall be an affirmative defense to imposition of responsibility
and liability under this subsection that the parent, legal guardian,
or other person establishes by a preponderance of the evidence that
he or she made a reasonable good faith effort to ensure compliance
with this chapter.
(a)
A
person commits an offense if the person interferes with or hinders
any agent of the city in the performance of any duty pursuant to this
chapter, or seeks to release any animal in the custody of the city
or its agents, except as provided in this chapter.
(b)
A
person commits an offense if the person fails to comply with any lawful
order of the animal control authority in the performance of any duty
pursuant to this chapter.
(c)
A
person commits a class B misdemeanor offense under Texas Penal Code
section 38.15 if the person with criminal negligence interrupts, disrupts,
impedes, or otherwise interferes with an officer with responsibility
for animal control while the officer is performing a duty or exercising
authority imposed or granted under chapter 821 or 822 of the Texas
Health and Safety Code.
(a)
Generally.
The city council shall establish fees for
all animal-related services provided by the city’s animal control
authority, including those for adoption, immunization, and multi-pet
permits. The fees for all animal-related services provided by the
animal control authority shall be established or provided for by the
city council, through the annually-adopted fee schedule and/or through
other agreements providing for animal control authority services.
(b)
Impoundment and boarding.
The owner must pay all fees
for impoundment, quarantine, and boarding, as well as veterinary bills
and other fees that are due to the designated animal shelter.
(a)
Kennels
and pet shops shall be located and operated in accordance with the
city’s zoning regulations.
(b)
Kennel permits.
Kennels may only be operated within
the city limits if permitted by the city. The animal control authority
is allowed to issue such a permit if:
(1)
The property and facility are inspected by the animal control authority
or its designee and are determined to meet the requirements of this
chapter as regards the care and treatment of animals, nuisance, and
the prevention of zoonotic disease.
(2)
The owner/operator of the kennel has paid the kennel permit fees
established by city council.
(3)
Kennel permits must be renewed annually and each renewal will require
inspection and approval by the animal control authority or its designee.
(c)
A
kennel permit may be revoked by the animal control authority 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.
(d)
Kennels
and pet shops must be operated and all animals must be cared for in
accordance with the Texas Health and Safety Code and this chapter.
(a)
Offensive odors.
A person commits an offense if the
person keeps any animal in such a manner as to endanger the public
health, or to annoy a person of ordinary sensibilities by the accumulation
of animal wastes which cause foul or offensive odors or are considered
to be a hazard to any other animal or human.
(b)
Animals defecating.
An owner of an animal commits an
offense if the person permits, either willfully or through failure
to exercise proper care and control, any animal to defecate upon the
sidewalk or parkway or any public street, or upon the floor of any
common hall in any entrance way, stairway or wall of any public place
or building or any private property except the owner’s. It shall
be an affirmative defense to prosecution under this section if the
owner immediately removes any excreta deposited by the owner’s
animal or the animals are performing in a parade or circus.
(c)
Noise.
A person commits an offense by keeping any animal
or bird which, by causing frequent or long, continued noise, shall
disturb the comfort of a person of ordinary sensibilities in the immediate
vicinity.
(d)
Bees.
(1)
The keeping of bees in such manner as to deny the lawful use of adjacent
property or endanger personal health and welfare is prohibited.
(2)
A person commits an offense by constructing, placing, or maintaining
a beehive within 300 feet of any residence other than his/her own.
It is a defense to prosecution under this section that the person
who placed or maintained the beehive within 300 feet of the residence(s)
of other person obtains the written consent of the occupants of all
such residences.
(e)
Nuisance complaints.
(1)
Generally.
The presence of nuisance animals should be
reported to the animal control authority.
(2)
Humane traps.
If a person shall report a nuisance animal,
the animal control authority may provide the person a trap to set
for the animal. The animal control authority may, upon capture, impound
the animal.
(3)
Nuisance barking or other animal noise.
Animal noise
nuisances should be reported to the animal control authority or police
department.
(4)
In order for someone other than the animal control authority or a
peace officer to file a formal complaint regarding an animal-related
noise nuisance, that person must:
(A)
In the presence of either an animal control officer or a clerk of
the municipal court, complete and sign an official, notarized complaint
form, alleging that the animal’s owner has committed the crime
of violating the city’s nuisance code.
(B)
If called, appear in municipal court as a witness on the date specified
by the court.
(a)
A
person commits an offense if he/she intentionally, knowingly, recklessly
or with criminal negligence:
(b)
It
is a defense to prosecution under this section that the person caused
a dog to fight with another dog in order to protect a person, livestock,
or other property from the other dog and for no other purpose.
