It is the purpose of this chapter to provide regulations for
the control and care of animals in the city, to prevent and control
the transmission of rabies to human beings and domestic animals, to
reduce the number of stray dogs and cats in the city and the attendant
health risks such animals pose, to provide regulations for the control
of dangerous animals in the city and to prevent and control the attendant
risks that dangerous animals pose to the public, to encourage responsible
ownership of animals in the city, to prevent nuisances, and to protect
the health, safety and welfare of the general public.
(Ordinance 18-0108-02, sec. 4, adopted 1/8/18)
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:
To dump, desert, or leave any animal on public or private
property with the intent of terminating any further responsibility
for said animal, and shall also mean refusing to claim or failing
to timely redeem any animal impounded or quarantined by the city,
as specified in this chapter.
With respect to animals, the purchase of a dog or cat from
the city to be kept as a pet.
Any living creature, including, but not limited to, dogs,
cats, cows, horses, birds, fowl, fish, mammals, reptiles, insects,
and livestock, but specifically excluding human beings.
An individual designated by the city to represent and act
for the city in impounding animals, controlling animals running at-large,
and as otherwise provided by this chapter, and includes individuals
acting under the authority, direction, or supervision of the animal
control officer.
A facility operated, controlled by or contracted with the
city for the purpose of impounding, confining, safekeeping, controlling
or caring for animals held under the authority of this chapter.
Refers to an animal that is not:
Confined to the premises of its owner by a fence of sufficient
strength and height to prevent the animal from escaping therefrom;
Confined within a house, building, or other enclosure;
Secured on said premises by a leash of sufficient strength to
prevent the animal from escaping from the said premises, and so arranged
that, when the leash is stretched to full length in any direction,
the animal will remain upon said premises and not be able to reach
a roadway, right-of-way, sidewalk, alleyway or common-use area; or
Otherwise in the owner’s control.
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An animal shall not be considered at-large when confined within
a vehicle or when held and controlled by an individual by means of
a leash, cord, chain or rope of proper strength and length to control
the actions of the animal, or is otherwise within the owner’s
control.
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Any stage of the common domestic honeybee (apis mellifera).
Any abrasion, scratch, puncture, tear, or piercing of skin
actually or suspected of being caused by an animal.
Physical pain, illness or any impairment of physical condition.
All domestic species or varieties of the felis catus, male
or female, alive or dead.
A commercial variety show featuring animal acts for public
entertainment that has received city approval for its performances.
The City of Italy, Ellis County, Texas.
With respect to an animal, means confined within a house,
building, or other enclosure, or within a fenced yard or premises,
so that the animal cannot escape from said house, building, or other
enclosure, or fenced yard or premises, without human assistance.
Beating or torturing an animal, cruelly confining or transporting
an animal, seriously overworking or overloading an animal, abusing
an animal, or unreasonably depriving an animal of necessary food,
care or shelter.
Any animal which has been determined to be dangerous as set
forth herein by the animal control officer or appropriate court; which
demonstrates behavior and/or possesses the vicious propensity to inflict
serious bodily injury or death upon human beings and constitutes a
danger to human life or domestic animals; or any animal which has
behaved in such a manner that the owner thereof knows, or reasonably
should know, that the animal is possessed of tendencies to commit
unprovoked attacks or to injure human beings or domestic animals;
or any animal certified by a veterinarian, after observation thereof,
as posing a danger to human beings or animals; or any animal that
commits an unprovoked attack upon a human being or other domestic
animals; or any animal that commits an unprovoked act that causes
a person to reasonably believe that the animal will attack and cause
bodily injury to that person.
A dog or cat has been effectively treated for roundworms,
hookworms, and tapeworms within the immediate preceding 12-month period.
All domestic species or varieties of the canis familaris,
male or female, alive or dead.
Any animal whose physiology has been determined or manipulated
through selective breeding, and which does not occur naturally in
the wild, and which may be vaccinated against rabies with an approved
rabies vaccine, and which has an established rabies quarantine observation
period.
Any structure or device used to immediately restrict any
animal or animals to a limited amount of space, such as a fence, room,
pen, run, cage, compartment or hutch.
Any bird, wild or domesticated, including, but not limited
to, chickens, ducks, geese, peacocks, guineas, pigeons, roosters,
pheasants, quail, and turkeys, but excluding birds commonly kept as
household pets, such as parakeets, parrots, and the like.
The act of keeping and caring for an animal or providing
a premises to which the animal returns for food, shelter, or care
for a period of at least three (3) days, or taking control of an animal
for at least twenty-four (24) consecutive hours.
The care of an animal to include, but not be limited to,
providing adequate heat, space, ventilation, sanitary shelter, and
wholesome food and water consistent with the normal requirements of
the animal’s size, species, and breed, and not in violation
of section 42.09 of the Texas Penal Code, as amended; chapters 821,
822 or 826 of the Texas Health and Safety Code, as amended; or any
other provision of law that regulates the care and treatment of animals,
including federal, state and local laws, ordinances and rules.
An animal produced by breeding one animal species or subspecies
with another, or with another genus.
Apprehending, catching, trapping, netting, tranquilizing,
confining, or, if necessary, destroying any animal by the animal control
officer.
When referring to a dog, a dog that has been injected for prevention
of parvo and distemper within the immediately preceding 12-month period;
and
When referring to a cat, a cat that has been injected for prevention
of infectious feline diseases, panleukopenia, viral rhino tracheitis,
and calcivirus within the immediately preceding 12-month period.
To be kept separated and protected from all other animals
or humans.
An establishment with indoor pens or outdoor pens in which
more than four dogs or domesticated animals more than one (1) year
old are housed, groomed, bred, boarded, trained or sold for commercial
purposes.
Animals commonly associated with farming, ranching or recognized
commercial production, including, but not limited to: cattle, horses,
mules, donkeys, jacks, jennies, asses, sheep, goats, hogs, swine,
potbelly pigs, emus, llamas, ostriches, or other bovine, equine or
porcine animals.
A person who has a property right or interest in an animal,
who harbors, shelters, keeps, controls, or manages an animal, or allows
an animal to remain on a premises for a period of at least twenty-four
(24) hours in which case the person shall be presumed to be the owner
of such animal for purposes of this chapter, which presumption is
rebuttable and shall have the effects and consequences as set forth
in section 2.05 of the Texas Penal Code, as amended.
An animal which is under the power or restraint of a person
by means of a cage, fence, leash or other physical restraint. For
purposes of this chapter, an animal is not under the immediate effective
control of a person when it is not restrained by means of a leash
or chain of sufficient strength and not more than eight feet (8')
in length to control the actions of such animal while off the owner’s
property; or
When such animal, while on the owner’s property, responds
to the voice command of the person immediately upon issuance of said
command, and is, at all times, within the visible presence of said
person and not more than ten feet (10') from said person. It shall
be prima facie evidence for purposes of this chapter that the animal
is at large when the animal is not in the visible presence of the
owner or fails to respond immediately to a verbal command.
Any spectacle, display, act, or event, other than a circus,
in which performing animals are used.
Any individual, partnership, firm, public or private corporation,
association, trust, estate, or other legal entity.
Any animal kept for pleasure rather than utility, and excludes
livestock.
A retail establishment offering small animals, fish, birds
for sale as pets, and where all such animals are housed within the
building, established, maintained and operated in accordance with
the city’s zoning ordinance and other applicable land use regulations.
Actual care, custody, control, or management of a certain
animal.
A period of time in which an animal is isolated and under
close observation for signs of rabies or other zoonotic diseases in
accordance with state law and applicable regulations of the Texas
Department of State Health Services.
A house or other building in which one or more individuals
reside and includes the lot or other property tract upon which the
house or other building is located.
Any method of securing an animal to prevent it from running
at-large.
A fenced area or structure that:
Is kept locked;
Prevents the entry of the general public, including children;
Prevents the escape or release of an animal;
Is clearly marked as containing a dangerous animal, if applicable;
and
Conforms to all other requirements established by the local
animal services authority for a secure enclosure.
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
An injury characterized by severe bite wounds or severe ripping and
tearing of muscle 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,
satisfies this definition. For purposes of this chapter, serious bodily
injury includes but is not limited to injuries for which the injured
party seeks emergency or inpatient treatment irrespective of length
of hospital stay.
Any animal that is improperly restrained; that wanders upon
a public place, roadway, street, highway, or the property of another
person; that is impounded or brought to an animal shelter and is not
wearing a collar or harness with a license tag, vaccination tag, or
identification tag, and does not have an identification tattoo or
microchip implant.
A metal tag issued by the city or the administering veterinarian
when an animal is vaccinated, and that contains the name of the veterinary
clinic, the tag number, and the year of issuance.
A document, issued by the person administering a vaccination,
containing:
An injection of rabies vaccine licensed for use in that species
by the United States Department of Agriculture, properly injected
at intervals prescribed by the Texas Department of State Health Services,
and that has been administered by or under the direct supervision
of a veterinarian.
A doctor of veterinary medicine who holds a valid license
to practice in the state.
Any establishment maintained and operated by a veterinarian
for surgery, diagnosis, and treatment of diseases and injuries of
animals.
An animal that commonly exists in a natural, unconfined state
and is not domesticated, or was domesticated but has become feral,
regardless of the circumstances or duration of captivity. Examples
of wild animals include, but are not limited to, live monkey, raccoon,
skunk, fox, lion, tiger, bobcat, cougar, panther, leopard, cheetah,
bear, javelina, wolf, coyote, elephant, gila monster, water moccasin,
coral snake, rattlesnake, copperhead, king cobra, other poisonous
snakes and reptiles, python, boa constrictor, crocodile, and alligator.
This definition includes hybrids, and includes animals defined as
a dangerous wild animal or exotic animal under state or federal law.
Those diseases that can be transmitted from animals to humans
under normal conditions.
(Ordinance 18-0108-02, sec. 5, adopted 1/8/18)
(a)
It
shall be unlawful for any person to own, keep, possess, or harbor
any animal in the city, except as provided in this chapter, and any
failure, neglect, or refusal to comply with the provisions of this
chapter or any act or omission contrary to the terms hereof shall
be deemed a violation hereof.
(b)
Enforcement
of this chapter shall be the responsibility of the animal control
officer or any police officer (referred to herein collectively as
“enforcement officers”).
(c)
Enforcement
officers shall have the authority to issue citations for any violation
of this chapter. It shall be a violation of this chapter for any person
being issued a citation for a violation of this chapter to intentionally
or knowingly fail to give the enforcement officer the person’s
true name and address or to intentionally or knowingly fail to appear
in accordance with the terms of the citation issued by the enforcement
officer. For purposes of this section, a person shall be in violation
upon failure to provide the requisite identification information upon
a request for identification being issued by a person known to be
an enforcement officer. If the person being cited is not present,
the enforcement officer issuing the citation may send the citation
to the alleged offender by registered or certified mail, return receipt
requested. If the citation should come back unclaimed, then the citation
shall be sent by regular mail. If the regular mailing does not return
as unclaimed, then service of the citation shall be deemed completed.
(d)
It
is unlawful for a person to interfere with an enforcement officer
in the performance of the enforcement officer’s duties under
this chapter.
(e)
Enforcement
officers are authorized to pursue animals running at-large onto private
property while enforcing the provisions of this chapter.
(Ordinance 18-0108-02, sec. 6, adopted 1/8/18)
(a)
Any
person violating any of the provisions of this chapter shall be deemed
guilty of a class C misdemeanor and, upon conviction, shall be fined
not more than five hundred and no/100 dollars ($500.00). Each and
every day of occurrence of the violation of the provisions of this
chapter shall constitute a separate violation offense.
(b)
Any
owner of an animal that is released to the animal control officer
must pay, in advance, for the destruction of the animal. If the owner
of any animal (other than those released voluntarily by the owner)
seized or impounded by the animal control officer does not claim the
animal within three (3) days, an abandonment charge shall be brought
against the owner and said additional charge shall be deemed a separate
offense.
(Ordinance 18-0108-02, sec. 25,
adopted 1/8/18)
The city secretary shall provide application and license forms
containing such information as deemed necessary to carry out the provisions
hereof.
(Ordinance 18-0108-02, sec. 18,
adopted 1/8/18)
(a)
Hospitals,
clinics, and other premises operated by licensed veterinarians for
the care and treatment of animals are exempt from the provisions of
this chapter, except where expressly stated.
(b)
The
licensing and/or vaccination requirements of this chapter shall not
apply to any animal belonging to a nonresident of the city and kept
within the city for not longer than thirty (30) days, provided all
such animals shall at all times while in the city be kept within a
building, enclosure or vehicle, or be under restraint by the owner.
(Ordinance 18-0108-02, sec. 13,
adopted 1/8/18)
No person owning, possessing, or harboring any animal shall
permit such animal to run at-large at any time. The animal control
officer, chief of police or any authorized representative may pick
up, impound, destroy or otherwise dispose of any animal found running
at-large within the corporate limits of the city in accordance with
the terms hereof.
(Ordinance 18-0108-02, sec. 9(a),
adopted 1/8/18)
No person owning or having custody or control of a dog shall
unlawfully restrain such dog in violation of chapter 821, subchapter
D of the Texas Health and Safety Code, as amended. The provisions
of chapter 821, subchapter D of the Texas Health and Safety Code,
as amended, are adopted by this chapter as if copied in their entirety.
(Ordinance 18-0108-02, sec. 9(b),
adopted 1/8/18)
In addition to actions and conditions provided elsewhere in
this chapter to be public nuisances, each of the following is a public
nuisance and a violation of this chapter:
(1)
Keeping
or harboring any animal in such a manner or place as to endanger the
public health or as calculated to unreasonably annoy neighbors by
the accumulation of animal wastes that cause foul and offensive odors
or provides a breeding place for flies and mosquitoes;
(2)
Keeping
or harboring any animal, which by causing frequent or long continued
barking or noise, disturbs any individual of ordinary sensibilities
in the vicinity;
(3)
Allowing
an animal pen, stable, or enclosure in which any animal may be kept
or confined to become offensive to individuals of ordinary sensibilities;
(4)
Keeping
or harboring bees in such a manner as to deny any person the uninterrupted
use and enjoyment of adjacent property or endanger personal health
and welfare;
(5)
Allowing
an animal to run at-large;
(6)
Keeping
livestock in violation of this chapter;
(7)
Keeping
chickens or other fowl in violation of this chapter;
(8)
Keeping
a kennel in violation of this chapter;
(9)
Keeping
rabbits in violation of this chapter;
(10)
Failing to keep fowl, rabbits, minks, or other fur-bearing animals
not already addressed in this section in a secure pen or enclosure,
which is cleaned and disinfected with sufficient frequency to prevent
any unsanitary conditions, or failing to store the waste from such
animals in a flyproof container and remove the waste from the city
on a weekly basis;
(11)
Keeping or harboring a dangerous animal or a wild animal in violation
of this chapter;
(12)
Releasing a wild animal to run at-large;
(13)
Abandoning, leaving unattended on public right-of-way, or unlawfully
discarding an animal, whether alive or dead;
(14)
Allowing an animal to graze or go upon any street or public thoroughfare
within the city, or graze or go upon any public or private property
within the city, except by written permission of the owner or custodian
of such public or private property;
(15)
Keeping an animal when a license, permit, or registration for the
animal has expired or has been denied or revoked;
(16)
Failing to keep an animal under restraint as required by this chapter;
(17)
Placing or setting out steel-jaw leg or neck traps with the intent
of trapping, capturing, or catching any animal by an individual other
than the animal control officer or individuals acting under his direction,
an individual employed by the state parks and wildlife department,
an individual employed by the United States Animal Damage Control
Service, a professional trapper employed by the city, or an individual
using a commercially sold rat or mouse trap when used as intended
by the manufacturer of said trap and in accordance with the manufacturer’s
directions for use;
(18)
Without regard to mental state, tampering with a trap or hindering
or interfering with a person lawfully trapping or attempting to trap
an animal;
(19)
Failing to provide adequate shelter or protection for any animal
left outside in excess of one hour;
(20)
Failing to remove animal waste as required by this chapter or causing
any condition injurious to public health caused by improper waste
disposal;
(21)
Allowing any pen, enclosure, yard, or similar place used for keeping
animals to become unsanitary, offensive by reason of odor, or disagreeable
because of flies or other insects to individuals of ordinary sensibilities
residing in the vicinity thereof; and
(22)
Keeping or harboring more than four (4) dogs, four (4) cats, or a
combination of dogs and cats totaling more than four (4) on residential
premises.
(Ordinance 18-0108-02, sec. 10,
adopted 1/8/18)
(a)
Every
owner or other person having care and control of any animal shall
keep and care for such animal in a humane manner. Additionally, every
owner or other person having care and control of any animal shall
provide sufficient nutritious and wholesome food to each animal under
his or her care and control, served to the animal in clean containers,
to maintain the animal in good health. Further, every owner or other
person having care and control of any animal shall provide clean and
wholesome water to each animal under his or her care and control,
served to the animal in a clean container, with such water to be available
to the animal at all times. Every owner or other person having care
and control of any animal shall also provide adequate shelter to each
animal under his or her care and control, which shelter shall allow
the animal to remain dry and protected from the elements at all times,
and which shelter shall provide either natural or artificial shade
for the animal to avoid direct sunlight, and which shelter shall provide
the animal with adequate ventilation.
(b)
Every
owner or other person having care and control of any animal shall
provide veterinary care to each animal under his or her care and control
as needed to prevent suffering.
(c)
Every
owner or other person having care and control of any animal shall
comply with the following standards of sanitation for each animal:
(1)
Remove manure and droppings from pens, yards, cages and other enclosures,
and handle or dispose of the excretions in such manner as to keep
the premises free of any public nuisance; and
(2)
Remove all refuse and waste on the premises and dispose of same by
a means approved by the animal control officer.
(d)
The
animal control officer shall have the authority to inspect animals
and/or premises. For purposes of discharging the duties imposed by
the provisions of this chapter or other applicable laws, the animal
control officer may enter upon private property to the full extent
permitted by law.
(e)
Where
premises do not comply with the provisions of this chapter or if any
health ordinance or law is not observed by any owner or other person
having care and control of any animal in the city, the animal control
officer may, upon written notice to the person owning or controlling
the premises, order the correction of the objectionable conditions.
In addition to any criminal proceeding, failure to comply with such
order shall entitle the city to obtain relief by injunction or other
legal procedure available to the city.
(f)
Humane
traps may be used for capturing animals running at-large. No person
shall set up or allow to be set up on the person’s property
a steel jaw trap, a spring trap with teeth or perforated edges on
the holding mechanism, or any type of trap with a holding mechanism
designed to cut, slice, tear or otherwise traumatize the entrapped
animal; provided, however, that a city-approved professional trapper
may use snares or leg-hold traps to capture wild animals or other
animals that have been determined by the animal control officer to
be a danger to individuals or property.
(g)
No
person shall knowingly expose any known poisonous substance, whether
mixed with food or not, whereby the substance can be consumed by any
pet or domestic animal; provided, however, that persons and licensed
pest control operators may use registered pesticides in compliance
with the directions for approved use of the pesticides.
(h)
No
person shall beat, cruelly ill-treat, overload, overwork or otherwise
abuse an animal as provided in chapter 42.09 of the Texas Penal Code,
as amended, or cause, instigate, permit or attend any dog fight as
provided in chapter 42.10 of the Texas Penal Code, as amended, or
cause, instigate, or permit a cockfight, bull fight or other combat
between animals or between animals and humans as provided in state
law. The standards and requirements of this chapter are established
for pet and animal care and are not intended to contravene the provisions
for animal cruelty contained in the Texas Penal Code or other state
law.
(i)
No
person shall keep any animal within a fence or enclosure which is
in such a state of disrepair that the animal may escape or be injured
or may pose a threat to the public.
(j)
No
person shall sell, offer to sell, barter or give away as toys, premiums
or novelties, baby chickens, ducklings or other fowl under three weeks
old and rabbits under two months old, unless the manner or method
of display is first approved by the animal control officer.
(k)
No
person shall receive any live animal through sale, trade, barter,
lease, rent or give away as toys, premiums or novelties, nor shall
a person receive any live baby chickens, ducklings or other fowl under
three weeks old and rabbits under two months old, as a toy, premium
or novelty, unless the manner or method of display is first approved
by the animal control officer.
(l)
No
person shall display any live animal for a commercial purpose on any
roadside, public right-of-way, or commercial parking lot. Commercial
purpose shall include, but not be limited to, intent to sell, trade,
barter, lease, rent or give away, any live animal.
(m)
No
person shall color, dye, stain or otherwise change the natural color
of any animal for the purpose of selling or giving away any such animal
that has been so colored.
(n)
No
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.
The animal control officer or police officer is authorized to use
reasonable force to remove an animal from a vehicle whenever it appears
the animal’s health, safety or welfare is or soon will be endangered,
and said animal shall be impounded.
(o)
Pursuant
to chapter 821.022 of the Texas Health and Safety Code, the animal
control officer or police officer may seize and impound any animal
if it is believed that the animal has been or is being cruelly treated,
pending a hearing before the municipal court on the issues of cruelty
and disposition of the animal. Seizure of an animal prior to obtaining
a warrant is hereby authorized if such delay endangers the life of
or would unreasonably prolong the suffering of the subject animal
and if such action is in accordance with state law.
(p)
No
owner of an animal shall abandon such animal.
(q)
No
person shall tie or tether a dog or other animal in an enclosed front
or back yard, or by a fixed point, chain, or tether so as to create,
as determined by the animal control officer, an unhealthy situation
for the animal or potentially dangerous situation for a person or
another animal. A person restraining a dog with a chain or tether
shall attach the chain or tether to a properly fitted collar, and
shall not wrap a chain or tether directly around the dog’s neck.
(Ordinance 18-0108-02, sec. 19,
adopted 1/8/18)
(a)
Number of animals; minimum area; nuisances.
It shall
hereby be unlawful for an individual to keep more than two (2) head
of each of the following: cattle, horses, mules, donkeys, jacks, jennies,
asses, sheep, goats, hogs swine, potbelly pigs, emus, llamas, ostriches,
or other bovine, equine or porcine animals, in any enclosure on a
property of not less than one (1) acre in area within the city. Additionally,
it shall be unlawful to contain the aforementioned animals in such
a manner or in such condition as to cause a danger to the public health,
create noxious odors, cause the spread of germs capable of producing
disease, or create any other animal nuisance. A violation of any part
of this section is hereby prohibited and declared to be a nuisance.
(b)
Registration.
All persons having horses, cattle or other
livestock must register each animal with the animal control officer
providing the name, address and phone number of the owner and a description
of each animal. The information provided pursuant to this section
must be updated each year with the animal control officer.
(Ordinance 18-0108-02, sec. 20,
adopted 1/8/18)
The raising, keeping, harboring or maintaining of bees for pollination
or for the production of human food or other tangible products may
not be performed in such a manner as to deny the lawful use of adjacent
or neighboring property or as to cause endangerment of public health,
safety and welfare.
(Ordinance 18-0108-02, sec. 22,
adopted 1/8/18)
(a)
Zoning regulations.
Kennels and pet shops shall be located
and operated in accordance with the city’s zoning ordinance,
as amended.
(b)
Permit required; standards for issuance.
Kennels and
pet shops may only be operated within the city if a permit is obtained
from the city. The city may issue such a permit if:
(1)
The property and facility are inspected by the animal control officer
or his designee and are determined to meet the requirements of this
chapter as to the proper care and treatment of animals, prevention
of nuisances, and the prevention of zoonotic diseases;
(2)
The owner and/or operator of the kennel or pet shop has paid any
and all permit fees as may be established by the city council; and
(3)
Permits must be renewed annually and each renewal will require inspection
and approval by the animal control officer or his designee.
(c)
Revocation of permit.
A kennel or pet shop permit may
be revoked by the city 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. If the city
denies or revokes a kennel or pet shop permit, the city shall give
written notice to the applicant or permit holder by personal service
or certified mail, return receipt requested. The applicant or permit
holder may appeal the decision to deny or revoke the permit by filing
written notice with the city administrator or his designee within
five (5) days after receipt of notice. The city administrator, at
least five (5) days before the date of the hearing of the appeal,
shall give written notice of the time and place of the hearing to
the applicant or permit holder by personal service or certified mail,
return receipt requested. The city administrator or his designee shall
decide the appeal based on a preponderance of the evidence presented
at the hearing. The decision of the city administrator or his designee
shall be final.
(d)
Operation and care of animals.
Kennels and pet shops
must be operated and all animals must be cared for in accordance with
state law, including but not limited to, the Texas Health and Safety
Code, and this chapter.
(Ordinance 18-0108-02, sec. 23,
adopted 1/8/18)
(a)
No
person shall keep or harbor any wild animal for sale, display, or
exhibition, regardless of whether a fee is charged by the person.
This prohibition does not apply to zoos, performing animal exhibitions,
or circuses. No person shall keep or harbor any wild animal as a pet.
(b)
The
animal control officer may issue temporary approval for the keeping,
care, or protection of an injured newborn or immature wild animal
native to this area that the animal control officer determines is
incapable of caring for itself.
(c)
The
animal control officer may revoke the temporary approval and order
the wild animal removed from the city at any time, and shall revoke
the temporary approval and order the wild animal removed from the
city when the animal control officer determines that the wild animal
is capable of caring for itself or that it poses a danger to the health,
safety, or welfare of the public.
(Ordinance 18-0108-02, sec. 21,
adopted 1/8/18)
