ARTICLE 2.01 GENERAL PROVISIONS

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;

Commercial animal establishment.

Off premises where any animal is not on a leash or under the immediate control of a person physically capable of restraining the animal.

Cat.

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.

Commercial breeder.

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.

Dangerous animal.

Any animal that attacks or injures any person or animal subject to the further provisions hereof.

Dog.

A domesticated animal that is a member of the canine family (Canis familiaris).

Enforcement officer.

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.

Feral cat.

A cat that is:

Born in the wild or is the offspring of an owned or feral cat and is not socialized;

Is a formerly owned cat that has been abandoned and is no longer socialized; or

Feral pigeon (Columba livia domestica).

Lives on a farm.

Feral cat caretaker.

A person other than the owner who provides food, water or shelter to, or otherwise cares for, a feral cat.

Feral cat colony.

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.

Feral pigeon flock.

A group of feral pigeons that congregate, more or less, together as a unit.

Kennel.

Any lot, building, structure, enclosure or premises where five or more adult animals are kept; and

Veterinary hospital/clinic.

Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other animals.

Livestock.

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.

Owner.

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.

Pet.

Any animal kept for pleasure rather than utility.

Restraint.

Kept in a secure enclosure which must have at least 100 square feet of space for each dog six months of age or older.

Secure enclosure.

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.

Tract.

A contiguous parcel of land under common use or ownership.

Undeveloped property.

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.

Vaccination.

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.

Wild/prohibited animal.

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.

(4)

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)

§ 2.01.002 Penalties.

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.

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.

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)

§ 2.01.003 Enforcement.

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.

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.

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)

§ 2.01.004 Payment of fees.

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.

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)

§ 2.01.005 Dangerous animals.

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.

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.

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.

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.

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.

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.

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.

(k)

All owners of registered dangerous animals shall, within ten calendar days of the occurrence, report the following in writing to the animal control authority:

Removal from the city, or death of said animal;

Written proof of new address if animal is sold and/or moves within the city.

(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)

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.

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)

§ 2.01.006 Restraint.

Any dog, male or female, within the city limits, shall be restrained by the owner. Restraint means:

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.

§ 2.01.007 Impoundment, destruction and euthanasia of animals.

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)

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.

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.

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.

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.

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.

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.

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)

§ 2.01.008 Wild/prohibited animals.

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.

No person shall keep or permit to be kept any wild or prohibited animal as a pet.

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.

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)

§ 2.01.009 Livestock.

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.

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.

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.

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.

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.

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)

§ 2.01.010 Protection of animals.

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.

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.

No owner or person shall:

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;

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

Abandon any animal in their custody.

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.

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.

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.

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)

§ 2.01.011 Public nuisances.

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.

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.

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.

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.

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.

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.

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)

§ 2.01.012 Traps.

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.

No person shall remove, alter, damage, or otherwise tamper with a trap or equipment set out by the animal control authority.