(a)
It
shall be unlawful to own or harbor an animal at-large.
(b)
It
shall be unlawful to own or harbor an unsterilized animal at-large.
A violation of this subsection shall be punishable by a fine of not
less than two hundred dollars ($200.00) nor more than five hundred
dollars ($500.00).
(c)
It
shall be unlawful to own or harbor a public nuisance animal.
(Ordinance 2019-25, sec. 10, adopted 12/3/19)
(a)
It
shall be unlawful for any person to tether, chain or fasten any animal
in such a manner as to permit it to be upon any public sidewalk or
street or to leave it unattended while tethered, chained or fastened
on public property.
(b)
It
shall be unlawful for any person to tether, chain or fasten an unattended
animal to a doghouse, tree, stake, pole, fence, wall or any other
stationary object whether outdoors or indoors. It is an affirmative
defense to prosecution under this subsection if the person accused
of unlawful tethering presents credible evidence that the tethering
lasted for only a brief period no longer than fifteen (15) minutes.
(c)
The
person who tethers, chains or fastens the animal shall be responsible
for the offense under this article.
(Ordinance 2013-17 adopted 7/2/13; Ordinance 2019-25, sec. 11, adopted 12/3/19)
Except as provided below by this article, a person may not keep,
raise, harbor, use, possess, or have on the person’s property,
or under the person’s control or attempted control a vicious
animal.
(1)
The
animal is being held in a zoo, shelter, museum or educational or medical
institution;
(2)
The
animal is part of a temporary public exhibition by a circus, carnival
or other traveling exhibition;
(3)
The
animal is at or in transit to a licensed veterinary clinic; or
(4)
The
person holds in possession of the animal holds a license or permit
by the Texas Parks and Wildlife Department that authorizes the person
to attempt to rehabilitate the vicious animal.
(Ordinance 2013-17 adopted 7/2/13)
If an animal found at-large in violation of this chapter cannot
be safely taken up and impounded, such animal may, if deemed necessary,
be slain by authorized law enforcement officers or animal control
officer.
(Ordinance 2013-17 adopted 7/2/13)
(a)
No
owner of an animal shall abandon such animal. If an owned animal has
been impounded by the animal control officer, no owner shall allow
the animal to remain in the animal shelter beyond 72 hours maximum,
for the purpose of adopting the animal at a lower cost than the fine
fee(s).
(b)
No
person, except a person licensed by the Texas Parks and Wildlife Department,
shall place or set out a steel jaw, leg or neck traps with the intent
of trapping animals.
(c)
Any
person who, as the operator of a motor vehicle, strikes an animal
shall as soon as practicable report injury or death to the animal
control officer or the humane society so that the animal may be picked
up.
(d)
An
animal’s owner shall keep the animal in a clean, sanitary, and
healthy condition.
(e)
An
animal’s owner or handler shall provide for the animal:
(1)
Regular and adequate amounts of nutritious food that is appropriate
for the species and that maintains the animal in good health;
(2)
A constant and adequate supply of clean, fresh, potable water that
keeps the animal hydrated for environmental conditions; and
(3)
Veterinary care and medical treatment for injuries, parasites, and
diseases that is sufficient to maintain the animal in good health
and minimize suffering.
(f)
An
animal’s owner shall provide the animal with shelter that:
(1)
Is large enough for the animal to enter, stand, turnaround, and lie
down in a natural manner; a structure with three sides, a roof and
a floor that prevents rain or other precipitation from entering; or
a structure of dome, or other, shape with a floor that provides the
animal with shelter from all weather conditions;
(2)
Keeps the animal dry;
(3)
Provides the animal with natural or artificial shade from direct
sunlight;
(4)
Protects the animal from excessive heat and cold and other adverse
weather conditions;
(5)
Is adequately ventilated; and
(6)
Large livestock shall be exempted.
(g)
An
animal’s owner may not confine the animal to the extent that
it is forced to stand, sit, or lie in its own excrement.
(h)
An
animal’s owner shall regularly maintain the animal and its shelter
to prevent odor or a health or sanitation problem.
(i)
An
animal’s owner shall provide the animal with exercise space
that is large enough to prevent injury and keep the animal in good
condition.
(j)
It
is an affirmative defense to prosecution under this section that the
animal’s treatment was as directed by a licensed veterinarian.
(k)
An
animal’s owner shall provide grooming when lack thereof would
adversely affect the health of the animal.
(Ordinance 2013-17 adopted 7/2/13)
(a)
A
person may not transport an animal in a motor vehicle on a public
roadway unless:
(1)
The animal is safely enclosed within the vehicle; or
(2)
If the animal is transported in an unenclosed vehicle, including
a convertible, pick-up truck, flatbed truck, or motorcycle, the animal
owner shall ensure the animal will remain in the unenclosed vehicle.
The owner shall remain with the animal if the unenclosed vehicle is
parked upon public streets, parking lots or private property other
than the owner.
(b)
A
person may not keep an animal in a motor vehicle or other enclosed
space in which the animals health or life is endangered by high temperature,
low temperature, or inadequate ventilation.
(1)
If a peace officer or animal control officer determines that the
animal(s) left in the vehicle is in danger of death or serious injury
as a result of the confinement, they may use any means reasonable
to remove the animal. If professional services are required to remove
the animal, the owner is responsible for the cost.
(2)
A peace officer or animal control officer who removes an animal from
a vehicle in accordance with this subsection is not liable for any
resulting property damage.
(c)
Instances
where occupants of motor vehicles are involved in a traffic accident
or other vehicle-related incidents which result in animals being left
uncontrolled or unattended, animal control or police officers of the
city are authorized to take welfare custody of such unattended animals.
(1)
In the interest of the health, safety or welfare of such animals,
officers are authorized to transport such animals to the city’s
animal shelter, a veterinarian or an animal emergency clinic. Information
shall be provided to the animal’s owner as to the animal’s
disposition.
(2)
Animal owners shall bear full cost and expense incurred by the city
in the care, medical treatment, impoundment costs or other associated
costs.
(Ordinance 2013-17 adopted 7/2/13)
(a)
Maximum number of dogs and cats.
It shall be unlawful
for any person to own, keep, or harbor more than five (5) dogs or
(5) cats over three (3) months of age, or any combination of five
dogs and cats at any one address or location within the city limits.
(b)
Exceptions.
Subsection (a) and keeping of hogs, swine, potbellied or miniature pigs 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 or penned.
(Ordinance 2019-25, sec. 12, adopted 12/3/19)
(a)
No
person shall own, posses, or have custody on his premises any wild
or vicious animal (including a reptile) for display, training, or
exhibition purposes, whether gratuitously or for a fee. This section
shall not be construed to apply to zoological parks, performing animal
exhibition, circus, or veterinary hospitals.
(b)
No
person shall keep or permit to be kept any wild animal, including
a poisonous or otherwise dangerous reptile, as a pet, unless licensed
to do so by the Texas Parks and Wildlife Department section 43.
(Ordinance 2013-17 adopted 7/2/13)
(a)
No
person may sponsor, promote, train an animal to participate in, contribute
to the involvement of an animal in, or attend as a spectator any activity
or event in which any animal engages in unnatural behavior or is wrestled,
fought, mentally or physically harassed, or displayed in such a way
that the animal is abused or stressed mentally or physically, or is
induced or encouraged to perform through the use of chemical, mechanical,
electrical, or manual devices in a manner that will cause or is likely
to cause physical injury or suffering. This prohibition applies to
events and activities taking place in either public or private facilities
or property, and applies regardless of the purpose of the event, whether
for free or for a fee to entrants or spectators.
(b)
All
equipment used on a performing animal shall fit properly and be in
good working condition.
(Ordinance 2013-17 adopted 7/2/13)
The owner of every animal shall be responsible for the removal
of any excreta deposited by his animal(s) on public areas, or private
property including the property of the owner.
(Ordinance 2013-17 adopted 7/2/13)
No person shall deposit any dead animal or excrements or filth
from privies or any hay, straw, dirt or rubbish of any kind or description
or any filthy water or manure upon any streets, alleys or public or
private property in the city.
(Ordinance 2013-17 adopted 7/2/13)
All feed provided for animals shall be stored and kept in a
ratproof, flytight building, box, container, or receptacle. Horse
stables, kennels, catteries, shelters, veterinarian establishments
must carry out a continuous, active pest control program to control
the spread of diseases.
(Ordinance 2013-17 adopted 7/2/13)
(a)
Keeping generally; number of animals.
It shall be unlawful
for any person to keep livestock within the corporate limits of the
city unless the livestock is being kept in accordance with the following
restrictions:
(1)
Livestock shall be kept on a parcel of land that is at least one-half
(1/2) acre in size and (50) feet from a residence other than the livestock
owner.
(2)
There shall be no more than one unit (as defined below) of livestock
for the first one-half acre of land. There shall be no more than one
additional unit of livestock for each additional one-half acre of
land in the same parcel. For the purpose of this subsection, units
of livestock shall be defined as follows:
(A)
The following types of livestock shall be counted as one head equals
one unit: horse, stallion, mare, gelding, filly, colt, mule, hinny,
jack, jenny, llama, and all species of cattle.
(B)
The following types of livestock shall be counted as one head equals
one-fifth of a unit: emu, ostrich, rhea, all species of sheep, and
all species of goats.
(3)
Livestock shall be enclosed with adequate fences or barriers that
will prevent such livestock from damaging shrubbery or other property
situated on adjacent property. Such fences or barriers shall be sufficient
to prevent the livestock from escaping the enclosure.
(4)
The owner keeping any livestock shall keep all yards, barns, pens,
stables, sheds or other enclosures in which such animals are confined
in such a manner so as not to give off odors offensive to persons
of ordinary sensibilities in the immediate vicinity, or to breed or
attract flies, mosquitoes or other noxious insects or rodents, or
in any manner to endanger the public health, safety, or welfare, or
to create a public nuisance. Barns, stables, corrals, sheds, pens
or other similar structures or enclosures where livestock may be housed,
fed, or confined shall not be located within one hundred (100) feet
of any residence, business, or commercial establishment (other than
the animal owner’s residence), business, or commercial establishment.
(6)
It is a defense to prosecution for an offense under this section
that the person is enrolled in FFA/4-H and be in compliance with the
programs guidelines.
(b)
Keeping of livestock near city water supply.
It is unlawful
and constitutes an offense for any person, whether for himself or
as the agent or servant of another or others, to keep or to participate
in keeping any animal (animal made to reference any horse, hog, cattle,
sheep, goat, other livestock and/or fowl) in any pen or lot used to
confine any such multiple animal operation within 500 feet of any
water supply wells from which the city obtains its principal water
supply as specified in the official Texas Administrative Code published
under authority of the Secretary of State, title 31, natural resources
and conservation, section 290.41(c)(1)(C)(D)(F).
(c)
Keeping of hogs, swine, potbellied or miniature pigs.
It shall be unlawful for any person to keep, harbor or raise adult
potbellied pigs, hog, miniature pigs and swine in any residence or
realty within the city.
(Ordinance 2013-17 adopted 7/2/13)
No person shall keep, feed, raise, or maintain chickens in a
residential area within the city except under the following conditions:
(1)
No
roosters shall be allowed.
(2)
The
hen(s) shall be contained within and have access to sufficient shelter.
(3)
The
pens or enclosures shall be located on the owner’s property
and kept at least 10 ft. from the side and rear lot lines and behind
the front building line.
(4)
Maximum
pen or enclosure size is six (6) feet by ten (10) feet. The pen or
enclosure must be at least eighteen (18) inches in height. The pen
or enclosure must be completely enclosed and constructed in a uniform
manner of a sturdy material that provides protection from potential
predators and the elements and properly ventilated. These pens or
enclosures are not subject to any building material requirements.
(5)
Runs
must be constructed of a fencing material that prevents potential
predators from getting in and prevents the hens from escaping. The
run must be well drained so there is no accumulation of excrement
and shall be cleaned regularly with all droppings and excretion disposed
of in a manner so as not to cause an odor or attract flies, unless
otherwise disposed of in accordance with any federal, state or local
health regulations.
(6)
The
maximum number of adult hens that may be kept on any residential property
or lot of one-half (1/2) acre or less is four (4).
(7)
The
maximum number of adult hens that may be kept on any residential property
or lot of more than one-half acre is ten (10).
(8)
No
person shall slaughter any hens on their premises.
(9)
It
shall be unlawful to raise hens for commercial purposes within the
corporate limits of the city or to sell eggs laid by hens kept in
the corporate limits of the city.
(Ordinance 2022-23 adopted 9/20/22)
No person shall keep, feed, raise, or maintain roosters in any
zoning district other than agricultural (AG).
(Ordinance 2022-23 adopted 9/20/22)
No person shall construct, place or maintain any beehive within
300 feet of any residence other than that of the owner except with
the consent of the occupants of all such residences.
(Ordinance 2013-17 adopted 7/2/13)
(a)
It
shall be unlawful for any person to keep, harbor, or raise more than
four (4) adult ferrets in any one (1) residence within the city.
(b)
It
shall be unlawful for any person to keep, harbor, or raise a ferret
that has not received annual ferret rabies and distemper vaccinations
and that is not spayed or neutered.
(c)
Cages
used for keeping of ferrets shall be made to prevent the animal from
escaping.
(Ordinance 2013-17 adopted 7/2/13)
