The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any animal that has not been provided with one or more of
the necessities of life including air, food, water or protection from
the sun and other elements of nature or has been left in the custody
of another person without their consent.
Any animal that is six months of age or older.
Any live, vertebrate creature, domestic or wild.
A facility operated by the city for the purpose of impounding
or caring for animals held under the authority of this chapter or
state law.
The officer and person designated by the city as the animal
control authority, whether one or more, or his designee.
An animal is:
On the premises of owner and is not restrained securely by a
substantial fence of sufficient strength and height to prevent the
animal from escaping from there;
Off premises where any animal is not on a leash or under the
immediate control of a person physically capable of restraining the
animal.
A domesticated animal that is a member of the feline family
(Felis domesticus).
Any pet shop, auction, riding school or stable, zoological
park, circus, recurring animal exhibition or kennel.
Any person who:
Breeds dogs or cats;
Sells or otherwise transfers possession of the offspring of
a breeding dog or cat to another person for the purpose of breeding,
show, personal pet or resale to a third person; and
Sells or otherwise transfers possessions of more than 12 dogs
or 12 cats, or more than two litters (whichever is greater) or any
combination within any 12-month period for a purpose as described
in the definition of dangerous animal.
Any animal that attacks or injures any person or animal subject
to the further provisions hereof.
A domesticated animal that is a member of the canine family
(Canis familiaris).
Any person designated by the city to represent and act for
the city in the impounding of animals, controlling of animals running
at-large and as otherwise required to enforce the provisions of this
chapter and to enforce all regulations relating to animals as authorized
by the state. This person will be a member of the animal control authority
or any member of the police department of the city.
A cat that is:
A person other than the owner who provides food, water or
shelter to, or otherwise cares for, a feral cat.
A group of cats that congregates, more or less, together
as a unit. Although not every cat in a colony may be feral, any non-feral
cats that congregate with a colony shall be deemed to be a part of
it.
A city pigeons, or street pigeons, derived from the domestic
pigeon that has returned to the wild. Not included is the homing or
carrier pigeon.
A group of feral pigeons that congregate, more or less, together
as a unit.
All domesticated animals, including but not limited to horses,
cows, mules, goats, sheep, pigs, hogs, rabbits, and pigeons, and does
not include dogs and cats.
Any person, trust, partnership, corporation, or any other
entity owning, keeping, or harboring one or more animals. An animal
shall be deemed to be harbored if it is fed or sheltered for three
consecutive days or more.
Any animal kept for pleasure rather than utility.
Kept in a secure enclosure which must have at least 100 square
feet of space for each dog six months of age or older.
A fenced pen, kennel or structure that is locked, and is
capable of preventing the entry of the general public, including children;
is capable of preventing the escape or release of an animal; is clearly
marked as containing a quarantined/dangerous animal; and is in conformance
with any additional requirements for enclosures, as established and
provided in writing to the owner by the animal control authority.
A contiguous parcel of land under common use or ownership.
Any land that is not improved or actually in the process
of being improved with residential, commercial, industrial, church,
park, school, or governmental facilities or other structures or improvement
intended for human use occupancy and the grounds maintained in association
therewith. The term shall be deemed to include property developed
exclusively as a street or highway or property used for commercial
agricultural purposes.
An injection of United States Department of Agriculture approved
rabies vaccine administered every 12 months or as prescribed by the
Texas Board of Health by a licensed veterinarian, or 36 months if
a 36-month vaccine is used.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of diseases and injuries of animals.
Any live animal, other than a common domestic species, regardless
of the state or duration of captivity which can be normally found
in the wild state, or may pose a potential physical or disease threat
to the public or that is protected by international, federal, or state
regulations, including those listed in V.T.C.A., Health and Safety
Code section 822.101 and the following if not so listed:
Class Reptillia.
Family Heldermatidea (venomous lizards); Family Viperidae
(rattlesnakes, copperheads, cottonmouths, other pit vipers and true
vipers); Family Elapidae (coral snakes, cobras, mambas, and other
elapids); the following listed species of Family Colubridae Dispholidus
typus (boomslang), Hydrodynastes gigas (watercobra), Bioga (mangrove
snake), and Thelotornis (African twig snake) only; Order Phidia, Family
Boidae (racers, boas, water snakes, and pythons); and Order Crocadilla
(crocodiles, alligators, caimans, and gavials).
Class Aves.
Order Falconiforms (such as hawks, eagles, and vultures);
Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus);
and Order Strigiforms (such as owls).
Class Mammalia.
Order Carnivora, Family Felidae (such as ocelots, margays,
tigers, jaguars, leopards, and cougars), except commonly accepted
domesticated cats; Family Canidae (such as wolves, wolf-dog, hybrids,
dingos, coyotes, and jackals), except domesticated dogs; Family Mustelidae
(such as weasels, skunks, martins, mink, and badgers) except domestic
ferrets (Mustela putorius furo); Family Procyonidae (raccoon); Family
Ursidae (such as bears); Order Marsupialia (such as kangaroos, wallabies
and common opossums); Order Edentata (such as sloths, anteaters, and
armadillos); Order Proboscidea (elephants); Order Primata (such as
monkeys, chimpanzees, and gorillas); Order Rodentia (such as porcupines);
and Order Ungulata (such as antelope, deer, bison, and camels), unless
the Order Ungulata are located on premises which meet the definition
of the farm/ranch.
Animals not listed.
The animal control officer may declare any species of animal
not listed in this subsection as “prohibited” if the confinement
of the animal within the city can be shown to constitute a threat
to public health and safety; and does not mean any bird kept in a
cage or aviary that is not regulated by international, federal, or
state law, or a gerbil, hamster, guinea pig, or laboratory mouse or
rat.
(Ordinance 2015-06 adopted 6/9/15)
(a)
Any
person violating any provision of this chapter shall be deemed guilty
of a misdemeanor and upon conviction thereof, shall be punished as
provided for in the statutes of the state (for example cruelty to
animals under section 42.09 of the Penal Code of the State of Texas)
or civil penalties permitted to be assessed may be applied whenever
a violation hereof is also a violation of state law.
(b)
In
addition to the penalties provided in this section, procedures and
penalties (both civil and penal) set forth in the laws of the state
with regard to the treatment, registration, keeping or use of animals
which are permitted to be adopted by municipalities are specifically
adopted hereby by the city. Each day a violation continues shall be
deemed a separate offense.
(c)
The
city shall be entitled to pursue all other criminal and civil remedies
to which it is entitled under the authority of other ordinances or
state law.
(Ordinance 2013-04, sec. 2, adopted 6/11/13)
(a)
The
provisions of this chapter shall be enforced by any enforcement officer,
and such person shall have the authority to issue citations to persons
violating the provisions of this chapter.
(b)
It
shall be unlawful for any owner or person to interfere with an enforcement
officer in the performance of his duties as prescribed by this chapter.
(c)
Those
enforcing the provisions hereof shall have the right to pursue and
apprehend animals running at large onto private property while enforcing
the provisions of this chapter, and shall not be guilty of trespass
while doing so.
(Ordinance 2013-04, sec. 3, adopted 6/11/13)
(a)
The
city manager or his designee shall be responsible for collecting all
fees established and levied in accordance with this chapter. The chief
of police or his or her designee shall have the authority to refund
or waive fees under this chapter. Any refund or waiver of fees shall
be documented by the chief of police or his or her designee. All fees
applicable hereunder shall be established by ordinance of the city
council.
(b)
Fees
imposed by this chapter shall not be required for dogs trained to
assist auditory or visually impaired persons or for government police
dogs.
(Ordinance 2013-04, sec. 4, adopted 6/11/13)
(a)
The
provisions of V.T.C.A., Health and Safety Code sections 822.001 through
822.005 (subchapter A), V.T.C.A., Health and Safety Code section 822.011
(subchapter B), and V.T.C.A., Health and Safety Code sections 822.041
through 822.047 (subchapter D) are hereby adopted and incorporated
in this code as though the same were fully set out herein. Any future
modifications of such laws of the state shall automatically be incorporated
herein. References herein to any of said sections will mean the relevant
sections of the Health and Safety Code of the state.
(b)
Whenever
in the above-incorporated sections reference is made to the animal
control authority, it shall refer to the animal control authority
of the city or any enforcement officer.
(c)
The
definition of dangerous dog contained in V.T.C.A., Health and Safety
Code section 822.041 is hereby modified to include attacks on or injuries
to other animals as well as persons, and such definition and the provisions
of such sections shall include and be applicable to all animals in
addition to dogs, but shall not be construed to permit animals to
be kept where otherwise prohibited.
(d)
The
time period for compliance with the requirements of V.T.C.A., Health
and Safety Code section 822.042 is hereby amended to 72 hours, provided
that the animal shall be immediately restrained as required in said
section. An owner of a dangerous dog may, as an alternative to the
provisions of V.T.C.A., Health and Safety Code section 822.042, remove
the dangerous animal from the city limits or surrender the animal
for humane destruction or have the same performed within 24 hours
after learning that the animal is dangerous or upon quarantine clearance,
whichever is later.
(e)
The
liability insurance required under V.T.C.A., Health and Safety Code
section 822.042 is to be in an amount of at least $100,000.00, and
shall be for bodily injury or property damage.
(f)
All
owners of dangerous animals shall provide to the city two color photographs
of the animal in two different poses showing the color and approximate
size of the animal.
(g)
The
owner of a dangerous animal is required to have the animal wear, at
all times, the dangerous animal registration tag provided by the animal
control authority.
(h)
No
dangerous animal may be kept on a porch, patio, or in any part of
a house or structure, even if restrained, that would allow the animal
to exit such building of its own volition. In addition, no dangerous
animal may be kept in a house or structure when the windows are open
or when screen windows or screen doors are the only obstacle preventing
the animal from exiting the structure.
(i)
No
person shall permit a dangerous animal to go outside its secure enclosure
unless such animal is securely leashed with an 18-inch traffic lead.
No person shall permit a dangerous animal to be kept on a chain, rope,
or other type of leash outside its secure enclosure unless a person
is in immediate physical control of the leash. Such animal shall not
be leashed to inanimate objects such as trees, posts, or buildings.
(j)
All
owners of dangerous animals within the city shall display in a prominent
place on their premises a sign easily readable by the public using
the words:
|
“Beware
Dangerous Animal”
|
|
The sign is to be no smaller than 12 inches by 12 inches and
shall not exceed 18 inches by 24 inches in size. In addition, a similar
sign shall be posted on the kennel or pen of such animal.
|
(l)
The
new owner of a dangerous animal shall pay a registration fee established
by city council, and the animal control authority shall issue a new
dangerous animal registration tag.
(m)
An
owner of a dangerous animal shall notify the animal control authority
of any attack the animal makes on any person or any animal.
(n)
A
dangerous animal may be destroyed during an attempt to seize or impound
the animal, if impoundment cannot be made with safety, wherever the
impoundment is attempted without liability to an owner of a dangerous
dog.
(o)
(1)
Should any person, other than an enforcement officer, desire to file
a complaint concerning an animal which is believed to be a dangerous
animal, a sworn, written complaint must first be filed with the enforcement
officer or police department of the city containing:
(A)
Name, address and telephone number of complainant and other witnesses;
(B)
Date, time, and location of any incident involving the animal;
(C)
Description of the animal;
(D)
Name, address, and telephone number of the animal’s owner,
if known;
(E)
A statement describing the facts of death or serious bodily or animal
injury upon which such complaint is based; and
(F)
A statement describing any incidents where the animal has exhibited
dangerous propensities in past conduct, if known.
(2)
After a sworn complaint is filed, it shall be referred to the enforcement
officer and/or municipal court for processing and hearing in accordance
with the provisions of the above-referenced sections of the Health
and Safety Code of the state.
(Ordinance 2013-04, sec. 11, adopted 6/11/13)
Any dog, male or female, within the city limits, shall be restrained
by the owner. Restraint means:
(1)
Kept in a secure enclosure (Enclosure for dogs).
(A)
An outdoor enclosure used to keep more than six dogs, other than
puppies less than six months old, must be located at least 50 feet
from an adjacent residence or business, excluding the residence or
business of the owner or handler.
(B)
An outdoor enclosure used as the primary living area for a dog or
used as an area for a dog to regularly eat, sleep, drink, and eliminate
must have at least 100 square feet of space for each dog six months
of age or older. Such enclosure shall be constructed of chainlink
or similar type materials with all four sides enclosed. The enclosure
shall be of sufficient height to prevent the dog from escaping from
such enclosure.
(C)
Any dogs confined within a fenced yard must have adequate space for
exercise based on a dimension of at least 100 square feet.
(D)
All dogs shall have shelter to allow the animal to remain dry and
protected from the elements. Such shelter shall be fully enclosed
on three sides and roofed. The entrance to the shelter shall be flexible
to allow the animal’s entry and exit, and sturdy enough to block
entry of wind and rain. The shelter shall be small enough to retain
the animal’s body heat and large enough to allow the animal
to stand and turn comfortably. The enclosure shall be structurally
sound and in good repair.
(2)
Kept
under the direct physical control of the animal’s owner or handler
by a leash, cord, chain, or similar direct physical control.
(A)
No person shall, at any time, fasten, chain or tie any dog or cause
such dog to be fastened, chained or tied to a stationary object or
trolley system while such dog is on the owner’s property or
on the property of the dog owner’s landlord unless the person
is holding the chain or tether.
Exceptions. A dog may be tethered to
allow for the cleaning of the dog’s enclosure or while the owner
is outside with the dog and is in visual contact of the animal at
all times to prevent injury to the dog. The prohibition does not apply
to a temporary restraint: (i) during a lawful animal event, veterinary
treatment, grooming, training, or law enforcement activity; or (ii)
that is required to protect the safety or welfare of a person or the
dog, if the dog’s owner or handler remains with the dog throughout
the period of restraint.
(B)
A person restraining a dog with a chain or tether shall attach the
chain or tether to a properly fitting collar or harness worn by the
dog. A person may not wrap a chain or tether directly around a dog’s
neck. A person may not restrain a dog with a chain or tether that
weighs more than 1/18 of the dog’s body weight. A chain or tether
used to restrain a dog must, by design and placement, be unlikely
to become entangled.
(C)
A person may not restrain a dog in a manner that does not allow the
dog to have access to necessary shelter and water.
(Ordinance 2013-04, sec. 12, adopted 6/11/13)
(a)
The
animal control authority or any enforcement officer may take up and
impound any animal found at large or otherwise in violation of this
chapter. If the owner, keeper or harborer of such animal is known
or can be readily ascertained, the animal control officer shall notify
him by telephone, personal service, certified mail, or door tag not
later than twenty-four (24) hours following the beginning of the next
business day after such impoundment or after obtaining owner information.
(b)
If
impoundment of a dangerous animal is being attempted away from the
premises of the owner and the impoundment cannot be made with safety,
the animal may be destroyed without notice to the owner or harborer.
If an attempt is made to seize or impound a dangerous animal from
the premises of the owner or harborer and the impoundment cannot be
made with safety, the owner or harborer will be given twenty-four
(24) hours’ notice that if the said animal is not surrendered
to the animal control division for impoundment within said twenty-four-hour
period, then the animal will be destroyed wherever it is found. Notice
under this section shall be in writing. A written notice left at the
entrance to the premises where the dangerous animal is harbored will
be considered valid notice under this section. In lieu of surrendering
the animal to animal control, an owner may permanently remove said
animal from the city, if written proof of destination is provided
to the animal control authority.
(c)
The
owner, keeper, or harborer of any animal impounded under this section
may redeem same within ninety-six (96) hours following notification
of the person listed on the city’s permit application or within
ninety-six (96) hours following impoundment if there is no city tag
on the animal at the time of impoundment, by payment of applicable
impounding fees and boarding fees as established by the city council,
and by providing proof, as may be required by the animal control authority
of the ownership or right to possession of the animal.
(d)
Any
person desiring to adopt an impounded cat or dog or other animal identified
as adoptable by the animal control office may do so upon payment of
the applicable fee as established by city council. The decision as
to whether or not an animal may be adopted by any particular person
or entity is exclusively within the discretion of the animal control
authority.
(e)
Any
owner or person redeeming an animal from the animal control authority
or adopting an animal from the animal control authority must have
the animal vaccinated and registered with the city within one hundred
twenty (120) hours of the release of the animal unless registration
and vaccination are then effective and valid.
(f)
The
city shall comply with all sterilization laws as set forth in chapter
828, Health and Safety Code of the state. Any impounded animal adopted
from the animal control facility, if not sterilized and vaccinated,
must be sterilized and vaccinated. A new owner must sign an agreement
to have the animal sterilized.
(g)
All
impounded animals not redeemed within the above-described ninety-six
(96) hours may be destroyed in a humane manner by the animal control
authority. No animal may be adopted or sold for purposes of research.
(h)
Any
animal which poses an imminent danger to a person, property, or other
animal and a real or apparent necessity exists for the destruction
of the animal may be euthanized.
(i)
Any
impounded animal may be euthanized if it is reasonably certain the
animal will not recover from injuries, the animal is in evident pain,
or the animal demonstrates symptoms of a communicable disease as determined
by a licensed veterinarian.
(j)
Any
owner or person redeeming an unsterilized animal from the animal control
authority, for the fifth time within any twelve consecutive month
period or for the second time within any twelve consecutive month
period for any animal which has been determined to be a dangerous
animal must have the animal sterilized. The cost of the sterilization
shall be born by the owner.
(Ordinance 2013-04, sec. 13, adopted 6/11/13)
(a)
No
owner shall keep or permit to be kept on his premises or premises
under his control any wild/prohibited or dangerous animal for sale,
display, or for exhibition purposes, whether gratuitously or for a
fee. This section shall not be construed to apply to any persons or
entities as defined by section 822.102(a) subsections (1) through
(11) of the Health and Safety Code of the state.
(b)
No
person shall keep or permit to be kept any wild or prohibited animal
as a pet.
(c)
The
animal control authority may issue temporary approval for keeping,
care, and protection of an injured, newborn or immature animal native
to this area which it deems to be incapable of caring for itself.
This is to be done temporarily, until state laws can be followed;
i.e.; contacting game warden.
(d)
The
animal control officer shall have the power to release or order released
any animal being kept temporarily under the provisions of the previous
subsection.
(Ordinance 2013-04, sec. 14, adopted 6/11/13)
(a)
No
person shall keep livestock within the corporate limits of the city,
except in conformance with and in districts where permitted by the
zoning ordinance of the city, as agriculture, open space or the like,
or if the animals are kept at the showbarn as part of a sanctioned
FFA or 4H project, are city-approved horse and carriage operation
or the like, or are horses, cows or cattle kept on tracts of land
one-half acre per head of livestock (excluding building site) in size
or larger. It shall be unlawful for any person who is the owner of
any hog or pig of any kind, or any person who has any hog or pig under
their management or control, to keep the same, or allow the same to
remain in any pen or in any other place within the city limits. This
does not include Vietnamese pot-bellied pigs, in which one per residence
is permitted.
(b)
No
person shall keep on any tract or lot within the city limits any domestic
fowl, such as, but not limited to chickens, turkeys, guinea fowl,
geese and/or ducks, unless the fowl are securely penned or tethered
on the property of the owner and not be allowed to roam free. Any
fowl of any kind found to be roaming free by the animal control officer
within the city limits will be considered to be un-owned and may be
taken up or disposed of as may be deemed necessary to prevent the
fowl from becoming a public nuisance. All owners or keepers of the
fowl within the city limits will be held responsible for the cleanliness
and upkeep of the tract of land or lot upon which the fowl are being
kept so as not to allow it to become a public nuisance by the odor
that may be created by the keeping of the fowl.
(c)
Subsections (a) and (b) above shall not apply to animal shelters, veterinary establishments, animal hospitals operated by a licensed veterinarian, or commercial animal establishments located on property zoned for such purposes. Such establishments, however, must meet sanitation requirements and keep animals securely caged and penned.
(d)
The
only location for a student participating in a 4-H or FFA project
to raise livestock or fowl for the purpose of showing them in a livestock
show is at the showbarn.
(e)
Subject to subsection (f) below, any animal now being kept or harbored lawfully within the city as per the date of adoption of this article or at any location outside the city which may be annexed after the date, shall be grandfathered in as pertaining to the distance and number requirements of subsections (a) and (b) above from the date after the passage of this article or the date of annexation, respectively.
(f)
Should any current location that houses any animal and that is grandfathered under subsection (e) above receive more than one complaint that such housing constitutes a public nuisance under section 2.01.011, such animal shall be required to be relocated in conformance with all other provisions of this section.
(Ordinance 2017-13 adopted 11/14/17)
(a)
Chickens
or ducklings younger than eight (8) weeks of age may not be sold in
quantities of less than ten (10) to a single purchaser except if the
animals are sold as part of a sanctioned FFA or F-H project.
(b)
No
person shall knowingly expose any known poisonous substance, whether
mixed with food or not, so that the same shall be liable to be eaten
by any animal, provided however, that the application of pesticides
which are commercially available and which are properly applied to
control pests shall not constitute a violation of this section.
(c)
No
owner or person shall:
(1)
Deprive an animal of sufficient good and wholesome food or water,
adequate shelter and protection from weather, veterinary care (when
needed to prevent suffering), and humane care and treatment;
(2)
Beat, cruelly ill-treat, torment, mentally abuse, overload, overwork
or otherwise abuse an animal, or cause, instigate or permit any dog
fight, cock fight, bull fight, or other combat between animals or
between animals and humans; or
(3)
Abandon any animal in their custody.
(d)
No
owner or person shall leave any animal in any standing or parked vehicle
in such a way as to endanger the animal’s health, safety or
welfare. Any animal control officer or police officer is authorized
to use reasonable force, including the breaking of a side window,
to remove an animal from a vehicle whenever it appears the animal’s
health, safety or welfare is or soon will be endangered. If the life
of the animal is in immediate danger, said animal may be impounded
in the discretion of the animal control officer.
(e)
The
animal control authority may liberally utilize the authority granted
by section 821.022 of the Texas Health and Safety Code to seize any
animal if the animal control authority has reason to believe that
an animal has been or is being cruelly treated. Seizure of the subject
animal prior to receiving a warrant is hereby authorized if such a
delay endangers the life or if it would unreasonably prolong the suffering
of the subject animal requiring veterinary care.
(f)
No
owner or person shall sell, trade, barter, lease, rent, give away,
or display for a commercial purpose, any live animal, on any roadside,
public right-of-way, commercial parking lot, or any flea market. This
does not apply to animal rescue groups trying to adopt out rescued
animals.
(g)
Any
person who, as the operator of a motor vehicle, strikes a domestic
or non-domestic animal shall as soon as practicable report such injury
or death to the animal control officer so that the animal may be picked
up.
(Ordinance 2013-04, sec. 17, adopted 6/11/13)
(a)
It
shall be unlawful and constitute a public nuisance for any person
to maintain any animal or fowl in such a manner or allow any pen,
enclosure, yard or similar place used for the keeping of animals or
fowl to become unsanitary, offensive by reason of odor, or create
a condition that is a breeding place for fleas or other vector and
which is offensive to persons of ordinary sensibilities residing in
the vicinity thereof or is determined to be a public nuisance by any
enforcement officer.
(b)
It
shall be unlawful and constitute a public nuisance for any person
to maintain any animal or fowl which repeatedly roams at-large in
violation of this chapter on public or private property, attacks another
animal or damages public or private property.
(c)
It
shall be unlawful and constitute a public nuisance for the owner of
any animal to allow any excreta deposited by his animal to remain
on public or private property. The creation of any condition injurious
to public health caused by the lack of or improper disposal of animal
waste will also be considered a violation of this section.
(d)
Subject
to the noise ordinance of the city, it shall be unlawful and constitute
a public nuisance to keep any animal which, by causing frequent or
long continued barking, howling, crowing, meowing, or other noise
shall disturb any person of ordinary sensibilities residing in the
vicinity of the premises where the animal is kept, housed or harbored.
(e)
It
shall be unlawful and constitute a public nuisance to keep bees in
such a manner as to deny the lawful use of adjacent property or endanger
personal health, safety, and welfare. Upon determination that a bee
colony situated within the city is not being kept in compliance with
this section, animal control may order the bees to be removed from
the city or destroyed.
(f)
It
shall be unlawful and constitute a public nuisance for any person,
firm, corporation or association of persons to place or keep upon
any premises situated within the corporate limits of the city any
beehive, or any container or receptacle similar to a beehive, designed
or used for the swarming or collection of bees for collecting the
honeycomb or honey of bees.
(g)
It
shall be unlawful and constitute a public nuisance for any person,
firm, corporation or association to allow a colony or colonies of
bees to dwell on that person's property or dwelling. It shall be the
sole responsibility of the owner or his/her representative to remove
or exterminate any and all colonies of bees located on such premises.
(h)
It
shall be unlawful for any owner or person to allow any animal to remain
a public nuisance as defined herein.
(i)
It
shall constitute a public nuisance to keep or allow feral pigeons
or feral pigeon flocks to roam throughout the city in such a manner
to endanger personal health, safety and welfare. Upon a determination
that a feral pigeon flock situated within the city has become injurious
to the public health, including but not limited to the deposit and/or
disposal of any excreta from such feral pigeon, animal control may
order the feral pigeon or feral pigeon colony to be removed from the
city or destroyed. Upon a determination that a feral pigeon flock
has become injurious to the public health, animal control shall encourage
all businesses to take steps to cover sources of food, place signs
to reduce incidents of feeding of such feral pigeons or feral pigeon
flocks, or to remove nests and/or cover locations on buildings with
some type of material to reduce nesting or roosting.
(Ordinance 2015-06 adopted 6/9/15; Ordinance
2022-10 adopted 12/12/2022)
(a)
Only
humane live-animal traps may be used for capturing animals roaming,
unrestrained in the city. The use of steel jaw traps to apprehend
animals is prohibited. As an exception to this section, governmental
agencies and entities shall be permitted to use such traps and equipment
as necessary and permitted by state law or regulation.
(b)
No
person shall remove, alter, damage, or otherwise tamper with a trap
or equipment set out by the animal control authority.
(c)
When
small animal traps are loaned to any citizen of the city, the citizen
is responsible for the upkeep and baiting of the trap while he or
she is in possession of the trap. Any trap destroyed, lost, or stolen
is the responsibility of the citizen using the trap and the full replacement
cost of the trap shall be charged to the person using the trap. All
funds generated will be used to purchase more traps or to replace
worn out traps.
(Ordinance 2013-04, sec. 19, adopted 6/11/13)
