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:
Animal.
Shall include dogs, cats, monkeys, raccoons, opossums, de-scented skunks, rabbits, chinchillas, hamsters, and similar animals of all descriptions regardless of sex, other than livestock.
Animal control department.
Any law enforcement officer or designated employee of the city shall constitute the animal control department.
Animal shelter.
A facility operated by a humane society, the municipality, or a licensed veterinarian for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
At large.
An animal is deemed to be at large if not restrained or under restraint as defined hereafter.
Complainant.
Must be a property owner, lessee or occupant whose property is located in the general vicinity of two blocks of the subject matter in which they are making a complaint.
Domestic animals.
Domestic animals are those which are naturally tame and gentle or which by long association with man have become thoroughly domesticated and are now reduced to such a state of subjection to his or her will that they do not possess a disposition or inclination to escape.
Fowl.
Includes chickens, turkeys, pheasants, quail, guineas, geese, ducks, and/or other feathered animals regardless of age, sex or breed.
Harboring.
An animal is deemed to be harbored if it is fed or given shelter.
Livestock.
Includes horses, shetland ponies, mules, and donkeys, sheep, goats, cows, and similar animals regardless of age, sex and breed.
Nuisance.
Any animal kept, maintained or harbored within the city which:
(1) 
Constitutes a physical threat to human beings or other animals;
(2) 
Causes the occupants of any two (2) adjacent premises to be disturbed; or
(3) 
Has repeatedly destroyed or damaged any property.
Owner.
Any person, partnership or entity owning, keeping, harboring, or having custody or control of any animal.
Person.
Any individual, partnership, corporation, or other entity.
Place of confinement.
Any veterinarian hospital, humane society, or other such suitable location, so deemed by the animal control officer.
Restrained, under restraint.
An animal shall be deemed to be restrained when it is:
(1) 
Confined on the premises of the owner within a fence or enclosure;
(2) 
Fastened or picketed by a lead, rope or chain so as to keep the animal on the premises;
(3) 
Under the control of a person by a leash or other suitable material attached to a harness or collar;
(4) 
On or within a vehicle being driven or parked; or
(5) 
At heel beside a competent person and obedient to that person’s command.
Wild animal.
Animals of wild nature or disposition that must be kept in confinement to be brought within the immediate control of the owner.
(Ordinance 192, sec. 1, adopted 10/8/1991; Ordinance adopted 4/12/1994; Ordinance 324 adopted 10/8/2002; 1993 Code, sec. 2.101)
Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code.
(Ordinance 192, sec. 21, adopted 10/8/1991; 1993 Code, sec. 2.120)
Nothing in this chapter shall be construed to restrict the reasonable and necessary operation of a veterinary practice by a duly licensed veterinarian.
(Ordinance 192, sec. 25, adopted 10/8/1991; 1993 Code, sec. 2.121)
Any person employed as an animal control officer shall have the following authority:
(1) 
To issue a citation for violations of this chapter.
(2) 
To enter upon any and all premises within the city limits to enforce any and all provisions of this chapter, which authority is to be used only with reason and good discretion and is subject to section 2.01.005(a).
(3) 
Pursuit of animals found running at large may extend to entry on private property in order to capture and impound an animal, provided that no fenced enclosure or structure may be entered without express permission of the owner or person in charge of the premises.
(Ordinance 192, sec. 2, adopted 10/8/1991; 1993 Code, sec. 2.102)
(a) 
Citations.
(1) 
When an animal is found in violation of a provision of this chapter and its ownership is known to an agent of the animal control department, such animal may be impounded by the agent. The agent may issue a citation which shall require the person to appear in court within ten (10) days or when so ordered by the officer, to answer a charge of a violation of this chapter.
(2) 
Signing the citation shall only be a promise to appear and is not an admission of guilt.
(3) 
It shall be unlawful for any person upon being issued any citation to give the animal control employee a false name or address.
(4) 
It shall be unlawful to fail to appear in municipal court within ten (10) days of the signing of the citation, or at the time so ordered by the officer.
(b) 
Action when owner cannot be located or refuses to sign citation.
When an animal is found in violation of a provision of this chapter and its ownership is known to the animal control department and the owner cannot be located or refuses to sign a citation, the agent may impound the animal at the expense of the owner, may file a complaint against the owner in municipal court, or both.
(c) 
Action when owner is unknown.
When an animal is found in violation of a provision of this chapter and its ownership is not known to the animal control officer, such animal may be impounded.
(Ordinance 192, secs. 3–5, adopted 10/8/1991; 1993 Code, secs. 2.103–2.105)
No person shall interfere with, hinder, molest or otherwise interfere by way of disorderly conduct, as set forth in V.T.C.A., Local Government Code, section 217.003, with any agent of the animal control department in the performance of any duty of the agent, or release any animal in the custody of the animal control department.
(Ordinance adopting 1993 Code; 1993 Code, sec. 2.106)
(a) 
Notice of hearing.
Upon written complaint wherein any animal or fowl is alleged to be a nuisance as defined or provided in this chapter, the municipal court of the city shall have the authority to order and hold a hearing upon giving notice to the owner of any such animal or fowl. A copy of such order for hearing detailing the time, date and place and purpose thereof, personally delivered or enclosed in a correctly addressed envelope to such owner, postage prepaid, and deposited in the United States mail within not less than three (3) days prior to the date of such hearing, shall be deemed sufficient and proper notice.
(b) 
Action on finding nuisance.
If, upon hearing, the court finds that a nuisance exists, the court may order that the nuisance be abated and punish by the fines as prescribed herein the owner responsible for the nuisance.
(Ordinance 192, sec. 20, adopted 10/8/1991; 1993 Code, sec. 2.119)
No person shall knowingly, intentionally, recklessly, or with criminal negligence own, possess, harbor or keep upon his or her premises, or premises under his or her control, any dog which habitually barks, howls, or yelps, or by loud or unusual barking or howling shall cause the peace and quiet of the neighborhood or occupants of any adjacent premises to be disturbed, or any cat which habitually cries or howls, or by such crying and howling shall cause the peace and quiet of the neighborhood or occupants of any adjacent premises to be disturbed. Each and every twenty-four (24) hour period that such dog or cat shall be allowed to remain or be kept on such premises shall constitute a separate offense. A complaint under this section shall require a complaint from at least one (1) or more persons who do not reside in the same household or on the same premises. Such dogs and cats are further hereby declared to be a public nuisance.
(Ordinance 192, sec. 7, adopted 10/8/1991; Ordinance 237 adopted 10/8/1996; 1993 Code, sec. 2.107)
Every person who owns, keeps or is in charge of a dog shall restrain his or her dog at all times.
(Ordinance 192, sec. 9, adopted 10/8/1991; 1993 Code, sec. 2.108; Ordinance 486 adopted 1/12/2016)
(a) 
It shall be unlawful to keep an animal or livestock on a chain or rope placed in a manner that makes it possible to become entangled with the restraints of other animals or livestock or with any other objects.
(b) 
It shall be unlawful to keep any animal or livestock on a chain or rope that is of insufficient length to allow the animal or livestock complete access to food, water and shelter at all times.
(c) 
It shall be unlawful to attach a chain to an animal or livestock in a manner so as to cause injury or discomfort to the animal or livestock.
(d) 
It shall be unlawful to stake a cat outside on a leash, rope, chain or similar apparatus.
(e) 
It shall be unlawful to restrain a dog outside with a chain or tether unless:
(1) 
A person is holding the chain or tether; or
(2) 
The dog’s owner or handler remains outside, within 50 feet of the dog, throughout the period of restraint.
(f) 
An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog’s movement:
(1) 
Between the hours of 10:00 p.m. and 6:00 a.m.;
(2) 
Within 500 feet of the premises of a school; or
(3) 
In the case of extreme weather conditions, including conditions in which:
(A) 
The actual or effective outdoor temperature is below 32 degrees Fahrenheit;
(B) 
A heat advisory has been issued by a local or state authority or jurisdiction;
(C) 
A hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.
(g) 
Violations of this section shall be punishable by a penalty in accordance with the general penalty provision provided in section 1.01.009 of this code per violation.
(Ordinance 486 adopted 1/12/2016; Ordinance adopting 2020 Code)
After a person has been issued citations for three (3) separate offenses of dogs running at large, in addition to all other requirements for redeeming such dog or cat, such animal shall be neutered by a doctor of veterinary medicine prior to the animal being redeemed by the animal’s owner, and, in addition to any other redemption fee, the owner shall reimburse the city all amounts that the city has paid or all amounts to be paid by the city to the doctor of veterinary medicine for such operation.
(Ordinance 192, sec. 10, adopted 10/8/1991; 1993 Code, sec. 2.109)
No more than six (6) dogs of the age of six (6) months or over shall be possessed, kept or harbored upon any premises, whether commercial or residential.
(Ordinance 192, sec. 14, adopted 10/8/1991; Ordinance 324 adopted 10/8/02; 1993 Code, sec. 2.113)
Cruelty to any animals of any species shall be punishable in accordance with the provisions of V.T.C.A., Penal Code, section 42.09 et seq.
(Ordinance adopting 1993 Code; 1993 Code, sec. 2.114)
No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any domestic animal or person. This section is not intended to prohibit the prudent use of herbicides, insecticides, or rodent control materials. No person shall expose an open trap of metal jaw type that shall be liable to injure any domestic animal or person.
(Ordinance 192, sec. 13, adopted 10/8/1991; 1993 Code, sec. 2.112)
Any dog or other animal which has fierce, dangerous or vicious propensities or which constitutes a physical threat to human beings or other animals and which is at large, and is unable to be caught and impounded, may be destroyed by the animal control officer or any police officer without notice to the owner.
(Ordinance 192, sec. 18, adopted 10/8/1991; 1993 Code, sec. 2.117)
If any person shall leave the dead carcass or body of any horse, mule, ox, steer, cow, or other animal, which died in the actual possession of such person, in any public road or highway, or in any street or alley, within the city limits, or within fifty (50) yards of such public road, highway, street, or alley, within the city, he or she shall be guilty of a misdemeanor, and upon conviction before the municipal court of the city he or she shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code.
(Ordinance adopted 9/6/1899; 1993 Code, art. 2.200; Ordinance adopting 2020 Code)
Dangerous wild animals, as defined in V.T.C.A., Health and Safety Code, section 822.101, shall be regulated in accordance with the provisions of V.T.C.A, Health and Safety Code, chapter 822, subchapter E, section 822.101 et seq.
(Ordinance adopting 2020 Code)