ARTICLE I ANIMAL SERVICES

Abandon

means leaving an animal in any place without providing reasonable and necessary care including, but not limited to, air, food, water, or protection from heat, cold or other elements of nature.

Administrative Review Board

means a board comprised of the City Manager, the Police Chief, and the City Attorney or the designated representative of any of those officials.

Animal

means any living creature, including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding human beings.

Animal Services

means the Animal Services Division of the City.

Animal Service Officer

means any person employed by or designated by the Supervisor of Animal Services to enforce the provisions of this article.

Animal shelter

means a facility operated by the City for the purpose of impounding or caring for animals held under the authority of this article or state law.

Bee

means any stage of the common domestic honey bee (Apis mellifera).

City veterinarian

means a veterinarian, licensed in the state, and employed or designated by the City to serve as its veterinarian.

Colony

means a hive or apiary and its equipment and appurtenances including bees, combs, honey, pollen and brood.

Commercial stable

means a facility where a fee is charged to house, pasture or rent horses or other livestock.

Cruel or inhumane treatment

means beating or torturing an animal, cruelly confining or transporting an animal, or tormenting, seriously overloading, seriously overworking, or abusing an animal.

(L)

Dangerous animal

means any animal of any species that has:

With or without provocation, on two or more occasions attacked or bitten any person or other animal outside the owner’s home or the animal’s enclosure;

With or without provocation, bitten any person or other animal causing death or serious bodily injury;

Been trapped as part of a feral group of animals and is likely to cause injury if handled by an employee of Animal Services; or

By its acts or conduct exhibited dangerous propensities.

(M)

Dangerous propensities

means any one, or a combination of, the animal behaviors of biting, snarling, charging aggressively toward a person or another animal, growling with curled lips, popping of teeth, or barking with raised hackles.

(N)

Enclosure

means 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.

(O)

Excessive animals

mean an accumulation of animals which, by virtue of the owner’s lot size, the number, types and sizes of animals of animals being kept, the owner’s ability to provide care, the distance from neighboring properties, and other factors of care, results in an animal nuisance or endangers the health of any person or animal.

(P)

Excessive fleas or ticks

mean the presence of fleas or ticks in a quantity that does or may pose a threat to public health.

(Q)

Exotic animals

includes nonnative species of animal, including, but not limited to, nonpoisonous reptiles which, when mature, are over six feet in length, ostriches, any member of the Ratite family or exotic livestock as defined by the state animal health commission.

(R)

Fowl

shall mean a domesticated bird, including, but not limited to chickens, ducks, geese, swans, guinea fowl, turkeys or peafowl.

(S)

Large livestock.

Means and includes:

Horses or any member of the domesticated equine family, including, but not limited to, mules, donkeys, ponies;

Cattle or any member of the bovine family; and

Llamas and any members of the camelidea family.

(T)

Local health authority

means the City Health Officer and includes a designated representative of that person.

(U)

Miniature livestock

means and includes swine, sheep, goats and horses that have been specifically bred to be significantly smaller at maturity than all other breeds of similar animals. Miniature livestock includes, but is not limited to, potbellied pigs, pygmy goats, and miniature horses.

(V)

Other animal

means animals other than dogs, cats, exotic animals, fowl, large livestock, miniature livestock, pigeons, small livestock, ferrets, or wild animals.

(W)

Owner

means any person:

Having title to an animal;

Who has custody or possession of an animal (whether temporary or permanent); or

Who harbors, keeps, causes or permits an animal to remain on or about the premises under the person’s control.

(X)

Running at large

means an animal that is not completely confined by an enclosure of sufficient strength or construction to restrain the animal.

(Y)

Small livestock

means all types of domesticated swine, sheep and goats other than miniature livestock.

(Z)

Supervisor

means the person designated by the City to supervise the division of Animal Services and, unless otherwise provided, includes a person designated by the City Manager to fulfill such functions in the absence or disability of the supervisor.

(AA)

Wild animal

means unless certified by Animal Services for medical, biological, herpetological or other scientific research or study:

Any poisonous or dangerous reptile.

§ 22.02 Enforcement of article; authority to issue citations; interference with Animal Service Officer.

Any animal normally found in a wild state and not normally capable of being domesticated, including, but not limited to, raccoons, skunks, foxes, leopards, panthers, tigers, lions, bears and lynx and includes offspring of domesticated canine and wild canine cross-breeds such as coyote or wolf hybrids.

(BB)

Zoonotic disease

means an illness which is of animal origin and usually causes illness to other animals but which can be transmitted to, and cause illness in, humans.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6890, sec. 14, adopted 2/21/17)

The Supervisor of Animal Services and any Animal Service Officer acting under the direction of the supervisor are authorized to enforce the provisions of this article. An Animal Service Officer is authorized to issue citations for a violation of this article.

§ 22.03 Running at large prohibited; authority to impound.

It shall be unlawful for any person to interfere with an Animal Service Officer in the performance of the duties of the Animal Service Officer.

(Ordinance 6125, sec. 1, adopted 5/1/07)

It shall be unlawful for any owner of an animal, other than a cat, to cause, permit, suffer or allow the animal to run at large.

The supervisor, any Animal Service Officer, or any police officer is authorized to and may impound an animal found running at large, other than a cat. The supervisor, an Animal Service Officer, or a police officer may impound a cat under the conditions specified in section 22.08 of this article upon receipt of a complaint that the cat causes a nuisance or hazard to the health or welfare of any person or animal.

It is an affirmative defense to a prosecution under subsection (A) of this section if:

At the time of the offense, the animal was on a leash held by a person or under the actual, physical control of a person who possesses sufficient strength to control the animal while the animal is not leashed; or

§ 22.04 Dogs and cats; animal registration.

At the time of the offense the animal was engaged in bona fide training exercises under the direct supervision of the person training the animal.

(Ordinance 6125, sec. 1, adopted 5/1/07)

Vaccination of dogs and cats required; paper certificates.

All dogs and cats must be vaccinated for rabies between the ages of twelve (12) weeks and sixteen (16) weeks.

All dogs and cats shall either:

Receive a rabies vaccine annually; or

Receive an initial rabies vaccine; receive a booster rabies vaccine within the twelve-month period following the initial vaccination; and be revaccinated at least once every three years thereafter with a vaccine approved as a three-year vaccine.

All vaccines administered under this section shall be licensed for use in that species by the U.S. Department of Agriculture and administered by a duly authorized veterinarian. A paper certificate must be issued upon each vaccination stating the name of the owner, the address of the owner, a description of the dog or cat, the date of the vaccination, the date the vaccination expires, the administering veterinarian’s signature and license number, and the kind of vaccine used.

Animal owners shall provide proof of current rabies vaccination for any animal required to be vaccinated under this article upon request by the Supervisor of Animal Services or their designee.

Identification, fees, and requirements.

The Director of Health may reduce fees associated with adoption, microchip implants, and vaccination in conjunction with a promotional event involving Animal Services.

Revocation of registration.

When an animal has been determined by the supervisor to have been in violation of any provision of this article two or more times in a twelve-month period, the supervisor may revoke the animal’s registration and may deny all applications for registration of any animal by the owner of the animal or any person residing at the same address as the owner of the animal. It shall be an offense for a person to possess, keep or maintain an animal for which a registration has been revoked within the City. A person whose animal registration has been revoked or denied may appeal to the Administrative Review Board. The board may uphold, reverse, or modify the order of the supervisor of Animal Services and may stipulate restrictions on the animal(s) in lieu of revoking registration of the animal.

At the request of an owner, Animal Services shall implant an animal with a microchip identification device. The fee for this service shall be in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, plus the cost of registration with the microchip manufacturer. Once the appropriate fees have been rendered, Animal Services shall register the animal with the microchip manufacturer for a period of one year.

The Director of Health may reduce fees associated with registration, adoption, microchip implants, and vaccination in conjunction with a promotional event involving Animal Services.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6260, sec. 2, adopted 9/2/08; Ordinance 6330, secs. 1–3, adopted 7/21/09; Ordinance 6890, sec. 1, adopted 2/21/17; Ordinance 7363 adopted 9/6/2022)

§ 22.05 Impoundment.

Animals subject to impoundment.

Any animal infected with a zoonotic disease including, but not limited to, any animal suspected of having been infected by rabies or exposed to rabies;

Any animal that creates a nuisance, as defined in Section 22.08;

Any animal running at-large;

Any animal kept under conditions or treated in a manner which the Supervisor of Animal Services has reasonable cause to believe is cruel or inhumane;

Any animal that has bitten a person;

Any animal found in violation of Section 22.18(F); or

Any animal violation any other provision of this article.

Right of property owner to confine or trap; notification of Animal Services.

The owner or occupant of a premises may confine or trap, in a humane manner as approved by the Supervisor of Animal Services, any animal habitually and without consent found upon the premises of such owner or occupant. After confining or trapping an animal, the person confining or trapping the animal shall promptly notify Animal Services. It shall be a violation for any person to confine or trap an animal without promptly notifying Animal Services or to take a trapped animal to any location other than the animal shelter. Trapping done by a feral cat advocacy group that is approved by the Supervisor of Animal Services shall be exempt from this subsection.

Interfering with humane trapping.

A person commits an offense if the person interferes with humane confinement or trapping as authorized by this section. Interference includes, but is not limited to, removing cages, releasing confined or trapped animals, removing bait, disabling trap release devices or destroying traps.

Notification of animal owner of impoundment.

Animal Services shall make reasonable effort to contact the owner of any impounded animal; provided, however, that responsibility for locating an impounded animal is that of the owner.

Reclaiming impounded animals generally.

Unless otherwise provided in this section, the owner of an impounded animal may regain possession upon payment of impoundment fees, handling fees and any veterinarian bills incurred by Animal Services for the welfare of the animal and upon compliance with the vaccination and microchip provisions of this article. An animal that the Supervisor of Animal Services or the City veterinarian has reasonable cause to believe is a dangerous animal may not be reclaimed and shall be disposed of as provided in this article. If the owner cannot provide proof of a current rabies vaccination, the impounded animal must be revaccinated prior to release. The fee for rabies vaccination shall be fifteen dollars. Prior to release, Animal Services shall implant impounded dogs and cats with a microchip identification device. The fee for this service shall be twenty dollars plus the cost of the microchip. Additional fees may be charged if emergency veterinary services are rendered. Animals less than 12 weeks of age will not require a rabies vaccination prior to release from the animal shelter.

Reclaiming animals impounded for mistreatment.

Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the Supervisor of Animal Services.

Reclaiming animals under rabies quarantine.

If an animal is being held under quarantine or observation for rabies, the owner shall not be entitled to regain possession until the animal has been released by the City veterinarian. If the owner of an animal under rabies quarantine has not been identified during the ten-day observation period, the animal may be humanely euthanized, released for adoption or otherwise disposed of as may be deemed appropriate by the Supervisor of Animal Services.

Disposition of unclaimed animals generally.

Any animal not reclaimed by the owner, other than dangerous or wild animals, may be humanely euthanized after being impounded for seventy-two (72) hours, except that an animal wearing a current registration tag shall be impounded for six (6) days.

Disposition of impounded dangerous or wild animals.

Any impounded dangerous or wild animal, unless there is reason to believe that it has an owner, may be immediately humanely euthanized or otherwise disposed of as may be deemed appropriate by the Supervisor of Animal Services.

Disposition of nursing baby animals.

If a nursing baby animal has been impounded without the mother, or if the mother cannot or refuses to provide nutritious milk, then the animal may be immediately euthanized to prevent further suffering.

§ 22.06 Miscellaneous fees; adoption procedure for dogs and cats.

Adoption of impounded cats or dogs authorized.

Any impounded cat or dog not implanted with a microchip identification device or not wearing tags that identify the owner may be released for adoption after seventy-two hours, unless the animal is under quarantine. An impounded cat or dog implanted with a microchip identification device or wearing tags that identify the owner may be released for adoption on or after the sixth day of confinement.

(L)

Disposition of animal upon direction of owner.

An owner may authorize the adoption of an unwanted animal prior to the expiration of seventy-two (72) hours by signing a waiver to that effect in a form to be provided by Animal Services. An owner who does not desire to regain possession of an impounded animal may, upon signing a waiver in a form provided by Animal Services, allow the animal to be immediately euthanized in a humane manner. An owner of an animal that has bitten or scratched a human may authorize the animal to be humanely euthanized and tested for rabies. The owner shall pay a shipping and testing fee established annually by the Supervisor of Animal Services.

(M)

Disposition of injured or ill animals.

An impounded animal that appears to be suffering from extreme injury or illness may be euthanized or given to a nonprofit humane organization or animal rescue club for the purpose of veterinary medical care, as determined by the Supervisor of Animal Services or the City veterinarian. The Supervisor of Animal Services shall make reasonable efforts to contact the owner of any injured or ill animal that is implanted with a microchip identification device prior to making a disposition of the animal. The City veterinarian shall have authority to treat or euthanize animals held at the shelter as necessary to prevent the spread of disease in the event of a communicable zoonotic disease outbreak.

(N)

Sterilization of impounded animals required.

The owner of an unspayed or unneutered dog or cat that has been impounded by the City must provide proof of sterilization of the impounded animal within thirty (30) days of the date the animal is reclaimed. A person commits an offense if the person is the owner of an unspayed or unneutered dog or cat, the dog or cat has been impounded by the City, the person reclaims the animal, and the person fails to provide proof of surgical sterilization within thirty (30) days of reclaiming the dog or cat.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6621, sec. 1, adopted 6/4/13; Ordinance 6890, secs. 2–6, adopted 2/21/17)

Impoundment fees.

Impoundment fees shall be in the applicable amounts designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10.

If an impounded dog or cat is spayed or neutered and is found to have been implanted with a microchip identification device at the time it is impounded, the first impoundment fee will be waived. For an unspayed or unneutered dog or cat, if the owner provides proof of surgical sterilization to the Department within thirty days of the day the animal was reclaimed, the owner will be given a seventy-five dollar refund. Dogs and cats under the age of six months shall be charged the sterilized dog or cat impoundment fee. Animals may be exempted from sterilization upon written recommendation from a licensed veterinarian that such alternatives would be harmful or dangerous to the animal; and the owner shall be charged the lower impoundment fees for sterilized animals.

Animals not listed or classified in the Master Fee and Rate Schedule shall be disposed of at the direction of the Supervisor of Animal Services.

Daily handling fees.

A daily handling fee in the applicable amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, shall be charged for every day that an animal is at the animal shelter. Daily handling fees shall be based upon the class of animal enumerated in the Master Fee and Rate Schedule and shall be paid in addition to impoundment fees.

Quarantine fee.

The owner of a warm-blooded animal held in quarantine for observation purposes shall be charged a fee in the applicable amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, for every day or fraction of a day the animal is at the animal shelter, in addition to applicable impoundment and handling fees. No impoundment fees shall be charged to an owner who voluntarily surrenders an animal to be held for observation. All other fees, including daily handling fees, shall apply.

Adoption procedures.

A person may adopt an animal from Animal Services under the following conditions:

The prospective adopter must complete an animal adoption application in a form to be provided by Animal Services.

The animal to be adopted must be classified as adoptable by the City veterinarian or the Supervisor of Animal Services.

(c)

The prospective adopter must have proper facilities to care for the animal.

(d)

The animal to be adopted must have been, prior to adoption, sterilized and administered a rabies vaccination by the City veterinarian, where applicable.

(e)

The prospective adopter shall pay a fee for adoption of dogs and cats in the amount of one hundred dollars plus the cost of the microchip identification device. The animal to be adopted will be sterilized, vaccinated for rabies, and implanted with a microchip identification device at the time of adoption. If the animal has previously been sterilized or is medically unable to be sterilized, the adoption fee will be reduced to fifty-five dollars plus the cost of the microchip identification device. The fee for adoption of animals other than dogs and cats shall be set by the Supervisor of Animal Services.

(i)

If the City veterinarian is unable to spay or neuter an animal prior to adoption, the prospective adopter shall pay a fee of one hundred dollars plus the cost of the microchip and shall sign an agreement with the Supervisor of Animal Services to have the animal spayed or neutered at a private veterinary clinic within ninety days of the date of adoption. It shall be an offense to fail to spay or neuter an animal adopted under the provisions of this subsection within ninety days of the receipt of possession of the animal.

(ii)

If the animal is spayed or neutered within the time frame specified in the adoption agreement, the adopter shall be issued a refund of forty-five dollars.

(f)

Adoption fees shall be based upon the class of animal and shall be in the applicable amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10.

The Supervisor of Animal Services may refuse to allow a person to adopt an animal whom the supervisor has reason to believe does not have proper facilities to contain or care for the animal, as required by this Code or who desires to adopt the animal for the purpose of resale or for purposes other than pet ownership. The supervisor or the City veterinarian may withhold an animal from adoption if the supervisor or the City veterinarian has reason to believe that the animal would be a hazard to persons or other animals.

Burial fee.

Any person may request Animal Services to remove dead livestock from the property of that person or bury dead livestock on the property of that person. The fee for removing or burying dead livestock shall not exceed the cost incurred by the City as a result of providing the service.

§ 22.07 Rabies control and animal quarantine.

Miscellaneous fees.

The supervisor or their designee shall have the authority to reduce or waive fees designated in the Master Fee and Rate Schedule, Article VII, Section 10.85(C)(2)(a), of Chapter 10 in accordance with established animal services guidelines.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6158, sec. 1, adopted 9/4/07; Ordinance 6330, sec. 4, adopted 7/21/09; Ordinance 6534, sec. 1, adopted 4/3/12; Ordinance 6621, sec. 2, adopted 6/4/13; Ordinance 6890, secs. 7–9, adopted 2/21/17; Ordinance 7017, sec. 1, adopted 9/18/18; Ordinance 7252 adopted 9/14/21; Ordinance 7363 adopted 9/6/2022; Ordinance 7587 adopted 5/20/2025)

Designation of LRCA; authority to quarantine.

The supervisor of Animal Services is hereby designated as the Local Rabies Control Authority (“LRCA”) and shall be responsible for enforcing rabies control measures as provided in this chapter and in chapter 826, Texas Health and Safety Code.

The LRCA may order the quarantine of any animal that has bitten or scratched a person or another animal or that is suspected of having a zoonotic disease.

Any warm blooded animal that bites or scratches a person or another animal, or that is suspected of having rabies or other zoonotic disease, shall be immediately confined by the owner, who shall promptly notify Animal Services of the place where the animal is confined and the reason for the confinement. During the confinement, except for care and feeding of the animal, the owner shall not allow the animal to come into contact with any other person or animal. The owner shall surrender possession of the animal to Animal Services on demand for supervised quarantine. Supervised quarantine shall be carried out at the animal shelter, at a veterinary hospital approved by the LRCA, or by another method of adequate confinement approved by the LRCA. The quarantine shall be for a period of not less than ten (10) days and shall be conducted under the supervision of a veterinarian or the LRCA. A release from quarantine may be issued if no signs of rabies or other disease have been observed during the quarantine period. If an animal is quarantined other than at the animal shelter, the owner shall immediately provide Animal Services with the name, address, and phone number of the veterinarian supervising the quarantine.

If the LRCA approves quarantine other than in the animal shelter or at a veterinary hospital, the owner shall be responsible for confining the animal. The owner shall obtain supervision of the animal by a veterinarian and a release from quarantine as would be required from a veterinary hospital or at the animal shelter. Quarantine other than in the animal shelter or at a veterinary hospital may be authorized only if the bite victim approves and if the owner was in compliance with all applicable local laws and regulations including, but not limited to, having a current rabies vaccination for the animal. The owner of an animal approved for quarantine other than at the animal shelter or at a veterinary hospital shall pay a fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, for the cost of regular off-site quarantine inspections by the LRCA.

The owner of an animal under rabies quarantine at the animal shelter may request that the animal be transferred to a quarantine facility approved by the LRCA for the duration of the rabies quarantine period. The fee for transferring an animal under rabies quarantine in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, in addition to all applicable impoundment, rabies quarantine, and handling fees.

Violation of the quarantine, cause for seizure and impoundment.

The violation of quarantine by an owner shall be just cause for seizure and impoundment of the quarantined animal by Animal Services. It shall be unlawful for any person to interrupt the observation period.

Investigation of animal bite reports; killing of biting animal prohibited.

All animal bite reports shall be investigated by Animal Services. Without permission of the LRCA, it shall be unlawful for any person to kill or remove from the city limits any animal that has bitten a person or other animal or that has been placed under quarantine, except when immediately necessary to protect the life or health of a person or other animal.

Reporting of animal bites.

The owner of an animal that has bitten another person and a person who has been bitten by an animal shall report the bite incident to Animal Services immediately, but in no case more than 24 hours after the incident.

Authority to direct disposition of suspected rabid animals.

The LRCA shall direct the disposition of any animal suspected of being rabid or having any other zoonotic disease considered to be a hazard to any other animal or person.

Surrender of dead animal carcasses suspected of rabies.

The carcass of any dead animal exposed to rabies or suspected of having been rabid shall, upon demand, be surrendered to Animal Services.

Manner of disposing of animals exposed to rabies.

At the time an animal has been potentially exposed to rabies through a contact with another animal, the owner of the exposed animal shall promptly notify Animal Services of the place where such animal is confined and the reason therefor. During the confinement, except for care and feeding of the animal, the owner shall not allow the animal to come into contact with any other person or animal. An animal exposed to rabies shall be:

Humanely destroyed, with notification to, or under supervision of, Animal Services;

If not currently vaccinated, quarantined in a veterinary hospital or the animal shelter for at least ninety (90) days immediately following the date of the exposure; or

If currently vaccinated, immediately revaccinated and quarantined in a veterinary hospital or the animal shelter for at least forty-five (45) days immediately following the date of exposure. The quarantine periods established above may be shortened or lengthened by the LRCA if recommended or required by the state department of state health services.

Refusal to surrender animal, on demand, for rabies control purposes.

An owner commits an offense if the owner fails or refuses to surrender an animal for supervised quarantine or humane destruction, as required herein for rabies control, when demand therefor is made by the LRCA.

Notification to Animal Services upon escape, sickness or death of quarantined animal.

The owner of a quarantined animal shall immediately notify Animal Services if such animal escapes, becomes or appears to become sick, or dies. In case of death of the animal while under quarantine, the owner shall immediately surrender the dead animal to Animal Services for diagnostic purposes.

Voluntary release of animal for euthanasia.

An owner may request that his/her animal that has bitten or scratched a human be euthanized and tested for rabies. The owner shall pay a shipping and testing fee established annually by the Supervisor of Animal Services.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6330, secs. 5–10, adopted 7/21/09; Ordinance 7252 adopted 9/14/21; Ordinance 7363 adopted 9/6/2022)

§ 22.08 Animal nuisance prohibited.

It shall be unlawful:

For an owner to keep an animal in such a manner as to endanger the public health or to annoy a person who occupies an adjoining property by causing, suffering or allowing the accumulation of animal wastes which cause foul or offensive odors or flies.

For an owner to cause, suffer or allow an animal enclosure to become offensive to a person of ordinary sensibilities.

For an owner to keep or cause to be kept bees in such a manner or condition as to be unhealthy or offensive to others.

For an owner to cause, suffer or allow, by persistent laxness in supervision, a cat to run at large in such a manner or to such a degree that the cat disturbs another person of ordinary sensibilities.

For an owner to keep an animal in such a manner that the animal, by its acts or conduct, exhibits dangerous propensities or creates a reasonable fear of bodily injury to neighboring persons of ordinary sensibilities.

For an owner to keep an animal which, by habitual noisemaking, violates any provision of chapter 22, article V, noise control.

For an owner to cause, suffer or allow a dog to evacuate feces on a private or public place other than the property of the owner and thereafter fail or refuse to remove and properly dispose of such waste.

(8)

To cause, suffer or allow property occupied by the owner of an animal to harbor excessive fleas or ticks.

(9)

To possess, sell, harbor, or convey an exotic or wild animal.

(10)

To provide food, shelter or water to feral or wild animals in a manner that creates a nuisance to a neighboring person due to the presence of said feral or wild animals.

(Ordinance 6125, sec. 1, adopted 5/1/07)

§ 22.09 Livestock regulations.

It shall be unlawful to possess, harbor or keep any swine (other than miniature livestock) within the City limits except in a zoning district where expressly allowed by specific use permit or planned development ordinance.

It shall be unlawful to possess, harbor or keep either small or large livestock on any premises in an area zoned residential or on the premises of any residential dwelling unit having an area less than one-half (1/2) acre. It shall be unlawful to keep any small or large livestock within the City limits in a manner that creates a nuisance for a person occupying an adjoining property.

Small livestock shall be kept within an enclosure consisting of:

A solid wall of at least four (4) feet in height that does not sway or give way when tested by an Animal Service Officer; or

A fence constructed of at least double-stranded, twisted, 16-gauge wire arranged in a grid pattern (hog wire) with the maximum size of any grid in the wire being seven and one-half (7-1/2) inches by twelve (12) inches stretching continuously from the ground to at least thirty-two (32) inches above the ground. Above this wire pattern must be stretched tautly at least two (2) strands of at least 16-gauge wire, with one of which strands shall be at least four (4) feet above the ground. The maximum distance allowed between fence posts shall be fifteen (15) feet. The fence posts must not sway more than six (6) inches when tested by an Animal Service Officer. Trees may not be used as fence posts.

Gates for a small livestock enclosure shall be mounted on hinges to a solid wall or fence post and stretch from the ground to at least four (4) feet above the ground. The gate must connect with another fence post or solid wall in such a manner that small livestock cannot pass through it, and the gate itself must be constructed so that it contains no opening larger than seven and one-half (7-1/2) inches by twelve (12) inches. Such gates must have a latch or chain attached, capable of keeping the gate closed when tested by an Animal Service Officer. Gates must be kept closed except when in actual use.

Large livestock shall be kept within an enclosure consisting of:

A solid wall of at least four (4) feet in height that does not sway or give way when tested by an Animal Service Officer; or

A fence constructed of at least double-stranded, twisted 16-gauge wire stretched tautly between fence posts. Such a fence shall have at least four (4) strands of wire, with one strand one foot above the ground and one strand at least four (4) feet above the ground, with the two (2) other strands uniformly spaced between the top and bottom strands. The maximum distance between fence posts shall be fifteen (15) feet. The fence posts must not sway more than six (6) inches when tested by an Animal Service Officer. Trees may not be used as fence posts.

Gates for large livestock shall be mounted on hinges to a solid wall or fence post and stretch from one (1) foot above the ground to at least four (4) feet above the ground. The gate must connect with another fence post or solid wall in such a manner that large livestock cannot pass through it, and the gate itself must be constructed so that it contains no opening large enough for large livestock to pass through. Such gates must have a latch or chain attached capable of keeping the gate closed when tested by an Animal Service Officer. Gates must be kept closed, except when in actual use.

When small and large livestock are kept together, the enclosure standards for small livestock must be met.

It shall be unlawful to possess, harbor or keep any small or large livestock in such a manner that the livestock will be quartered closer than one hundred fifty (150) feet from any residential dwelling unit, other than those of the owner or keeper.

§ 22.10 Miniature livestock regulations.

Male equines (horses) capable of breeding shall be confined in such a manner that the animal will not be dangerous to any person and all breeding will be under the control of the owner or handler.

(Ordinance 6125, sec. 1, adopted 5/1/07)

It shall be unlawful to possess, harbor, or keep miniature livestock in any area zoned residential or on the premises of any residential dwelling having an area less than 1/2 acre without obtaining a miniature livestock permit from Animal Services.

In addition to other generally applicable requirements, the owner of a potbellied pig shall comply with the following standards and a miniature livestock permit for potbellied pigs may only be issued if:

No more than two potbellied pigs shall be kept at one residential dwelling;

Each potbellied pig shall be vaccinated against erysipelas annually;

Enclosures shall be maintained in good condition and shall be at least 42 inches in height;

Each potbellied pig shall wear, at all times, a harness with a tag identifying the owner and address of the owner;

A potbellied pig allowed outside the owner’s enclosure shall be kept on a leash;

Any enclosure for a potbellied pig shall be located so that no potbellied pig shall be kept or maintained closer than thirty (30) feet from the nearest residential dwelling other than that of the owner; and

Each male potbellied pig shall be neutered before the age of three months.

In addition to other generally applicable requirements, the owner of a pygmy goat shall comply with the following standards and a miniature livestock permit for pygmy goats may only be issued if:

No more than two pygmy goats shall be kept at one dwelling unit;

No pygmy goat shall be greater than twenty-four (24) inches tall at the withers;

Enclosures shall be maintained in good condition and shall be constructed to the standards required for small livestock in section 22.09(C);

Each pygmy goat shall wear, at all times, a collar with a tag identifying the owner and address of owner;

A pygmy goat allowed outside the owner’s enclosure shall be kept on a leash;

Any enclosure for a pygmy goat shall be located so that no pygmy goat shall be kept or maintained closer than thirty (30) feet from the nearest residential dwelling other than that of the owner.

In addition to other generally applicable requirements, the owner of a miniature horse shall comply with the following standards and a miniature livestock permit for a miniature horse may only be issued if:

No more than two miniature horses shall be kept at one dwelling unit;

No miniature horse shall be greater than thirty-four (34) inches tall at the withers, at the last hair of the mane;

Enclosures shall be maintained in good condition and shall be constructed to the standards required for small livestock in section 22.09(C);

Each miniature horse shall be vaccinated annually against both the Eastern and Western equine encephalitis virus, tetanus, and rabies. Each miniature horse shall be registered with the City;

A miniature horse allowed outside the owner’s enclosure shall be kept on a halter and lead, or the appropriate tack to remain under the owner or handler’s control;

All male miniature horses shall be castrated by the age of one (1) year;

Any enclosure for a miniature horse shall be located so that no miniature horse shall be kept or maintained closer than thirty (30) feet from the nearest residential dwelling other than that of the owner.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6890, secs. 10–11, adopted 2/21/17)

§ 22.11 Domestic ferrets.

In addition to other generally applicable requirements, the owner of a ferret shall comply with the following standards:

A ferret must be currently vaccinated for rabies;

A ferret allowed outside the owner’s enclosure shall be kept on a leash;

Each ferret shall wear a collar with a tag identify the owner and the address of the owner;

§ 22.12 Nonpoisonous reptiles and other animals.

Any ferret over the age of six months shall be sterilized.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6534, sec. 2, adopted 4/3/12; Ordinance 6890, sec. 12, adopted 2/21/17)

Nonpoisonous snakes and lizards (other than prohibited animals) that do not exceed six feet in length at maturity may be kept in the City.

It shall be unlawful to possess, harbor, or keep a nonpoisonous reptile that does or may exceed six feet in length at maturity without obtaining a special reptile permit from Animal Services. In addition to other generally applicable requirements, the owner of a reptile covered by this subsection shall comply with the following standards and a special reptile permit may only be issued if:

The owner shall permit one or more inspections by an Animal Service Officer annually;

The cage or container housing a reptile covered by this subsection shall be of a material and construction to allow for proper care of each reptile and which will minimize the likelihood of escape; and

Reptiles covered by this subsection shall be kept indoors only unless the animal is being transported for veterinary care.

The Supervisor of Animal Services may authorize the possession or keeping of other animals on a case-by-case basis provided that the owner demonstrates an ability to properly care for, restrain, and enclose such animal, and the animal does not appear to pose a threat to the public health or safety.

(Ordinance 6125, sec. 1, adopted 5/1/07)

§ 22.13 Permits.

A person seeking a permit to operate a commercial business covered by this article shall fully and truthfully complete an application in a form provided by the Supervisor of Animal Services and shall pay the required application fee. The application fee for miniature livestock, domestic ferrets, and special reptiles shall be in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10.

A person seeking a breeder permit shall fully and truthfully complete an application in a form provided by the Supervisor of Animal Services and shall pay the required annual application fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. A breeder permit may only be issued for a cat or dog:

That is currently in compliance with the vaccination requirements of Section 22.04(A) of this article;

That, not more than ninety (90) days before the date of the breeder permit application, has been approved to breed by a licensed veterinarian; and

Whose owner:

Is a member of a purebred dog or cat fanciers club, approved by the Supervisor of Animal Services, that maintains and enforces a code of ethics for breeding that includes restrictions on breeding dogs and cats with genetic defects and life-threatening health problems common to the breed; or

Holds a license as required by section 802.101 of the Texas Occupations Code for each facility owned or operated in the state.

A person holding a breeder permit commits an offense if the permit holder allows a female dog or cat to have more than one litter during the permit term, unless the permit holder has received written authorization from the Supervisor of Animal Services to allow two litters during the permit term because having two litters is required to protect the health of the female dog or cat or the first litter during the term was euthanized or did not survive for other reasons.

Permits are not transferable from one person to another or from one address to another address. A permit shall be valid for one year from the date of issuance unless sooner revoked or terminated under the provisions of this article.

The Supervisor of Animal Services may impose specific conditions on a permit in order to obtain compliance with all applicable provisions of this article.

For serious or repeated violations of any of the requirements of this article, or for interference with the local health authority or designee, in the performance of his or her duties, a permit issued under this article may be revoked. Prior to such action, the Supervisor of Animal Services shall notify the permit holder in writing, stating the reason(s) for which the permit is subject to revocation and advising the permit holder of the permit holder’s right to a hearing before the Administrative Review Board. Requests for a hearing shall be made to the Supervisor of Animal Services within five (5) days following service of the notice of revocation. If the permit holder fails to request a hearing within five (5) days, the permit is revoked. If a hearing is timely requested prior to revocation, the permit remains valid while pending before the Administrative Review Board.

A person whose application for a permit under this article is denied by the Supervisor of Animal Services may appeal the denial to the Administrative Review Board. The permit denial remains effective while pending before the Administrative Review Board.

The hearings provided for in this section shall be held before, and decided by the Administrative Review Board at a time and place designated by the board. Based upon the evidence presented at the hearing, the Administrative Review Board shall make a finding and may sustain, modify, or rescind the decision forming the basis of the hearing.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6890, sec. 13, adopted 2/21/17; Ordinance 7036, sec. 1, adopted 2/5/19; Ordinance 7252 adopted 9/14/21; Ordinance 7363 adopted 9/6/2022)

§ 22.14 Fowl.

Fowl shall be kept in an enclosure that is located at least thirty feet from any residential dwelling, other than that of the owner. It shall be unlawful to harbor more than four female fowl over the age of one month within the City limits. Roosters or male peafowl (peacocks) are prohibited.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6534, sec. 3, adopted 4/3/12)

§ 22.15 Rabbits.

Rabbits shall be kept in an enclosure that is located at least thirty (30) feet from any residential dwelling, other than that of the owner. Rabbit enclosures shall be of a design which prohibits feces from dropping to the ground.

(Ordinance 6125, sec. 1, adopted 5/1/07)

§ 22.16 Pigeons.

Pigeons and similar birds (nonfowl) shall be kept in an enclosure that is located at least thirty (30) feet from any residential dwelling, other than that of the owner.

§ 22.17 Sanitary conditions for keeping animals.

It shall be an affirmative defense to prosecution under this section if the birds are kept in a veterinary clinic, zoo, shelter, pet store, or educational institution.

(Ordinance 6125, sec. 1, adopted 5/1/07)

The owner of an animal shall keep all yards, pens, stables, cages and other enclosures in which an animal is confined in such a manner so as not to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes or other noxious insects, or in any manner which endangers the public health or safety or which creates a public nuisance.

Unless otherwise specified in this article, the owner of an animal shall comply with the following general sanitary regulations:

Fecal material shall be removed from yards, pens, stables, cages and other enclosures at a frequency corresponding to the number, size and breed of the animal so enclosed, but in no case less than twice weekly. Fecal material shall be disposed of in a sanitary manner.

Mound storage of fecal material for small or large livestock between such removals shall be utilized only if measures are taken to protect against the breeding of flies and to prevent migration of fly larvae (maggots) into the surrounding soil.

The feeding of vegetables, meats, scraps, or garbage shall be done only in impervious containers or on an impervious platform.

Watering troughs or tanks shall be equipped with adequate facilities for draining the overflow so as to prevent the breeding of flies.

No putrescible material shall be allowed to accumulate on the premises, and all such material used for feed which is unconsumed shall be removed and disposed of by burial or other sanitary manner.

No pen, run, cage or similar enclosure shall be located less than five (5) feet from any adjoining residentially zoned property.

§ 22.18 Pet and animal care regulations.

No pen, run, cage or similar enclosure shall be located less than thirty (30) feet from any adjoining dwelling, other than that of the owner.

(8)

Tethered animals shall be tethered in a manner as to prevent the animal from reaching any point less than five (5) feet from an adjoining property line when the tether is fully extended.

(9)

Tethered animals shall be tethered in a manner as to prevent the animal from reaching any point less than thirty (30) feet from any adjoining dwelling, other than that of the owner, when the tether is fully extended.

(Ordinance 6125, sec. 1, adopted 5/1/07)

Provision of food, shelter and care generally.

An owner shall provide the owner’s animals with sufficient, good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

Exception. The owner of large livestock shall be exempt from providing shelter and protection from the weather for large livestock they own if the owner provides an annual veterinary examination demonstrating that the large livestock are provided adequate care. A copy of the annual veterinary examination report must be maintained on site and shall be made available for inspection by the Supervisor of Animal Services at all times.

Abandonment.

No owner of an animal shall abandon such animal.

Striking with a vehicle.

Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible, and shall immediately report such injury or death to the animal’s owner; in the event the owner cannot be ascertained or located, the person shall at once report the accident to Animal Services or the Police Department.

Transporting animals.

No owner shall transport an animal in an open vehicle (motorcycle, convertible, pickup, truck, open sport utility vehicle, flatbed trailer, or flatbed truck) unless the animal is safely enclosed in a vented container or is confined by a chain, rope, or other device in a manner that prevents the animal from falling or jumping from the vehicle or strangling on the tethering device.

Leaving animals in parked vehicles.

It shall be unlawful to leave an animal in a standing or parked vehicle without providing the animal with adequate air and protection from heat or cold. An animal left under such conditions may be impounded.

Leaving animals unattended.

No owner shall keep, harbor, or allow an animal to remain unattended at any place that has not been occupied by a human within the last 72 hours. No person shall keep, harbor, or allow an animal to remain at a residential dwelling that does not have electric and water service. It shall be an affirmative defense to prosecution under this subsection if the owner has arranged for regular care and feeding of the animal during the owner’s absence at a residential dwelling that has functional electric and water service.

Keeping bees.

A person who keeps or harbors bees shall:

Maintain each colony in a healthy state;

Maintain the grounds near each hive in a sanitary manner;

Ensure that a convenient source of water is available to each colony at all times;

Mark each hive with the name and telephone number of the beekeeper; and

Provide an enclosure surrounding the apiary sufficient to prevent small children or animals from accessing the hives. The Animal Services Supervisor shall have the authority to require a person to reduce the number of hives in an apiary to a number which will abate a nuisance.

Capturing waterfowl.

No person shall apprehend or collect fowl from any body of water in the City limits without written permission from the Supervisor of Animal Services provided that the owner of a private body of water may collect his own fowl without permission of Animal Services.

Tying animals.

It shall be unlawful for an owner to tie an animal to a stationary object for a period of time in a manner or in a location so as to create a danger to the health or safety of the animal or to any person. A tied animal must be in an enclosure.

Maintenance of enclosures.

An owner shall maintain all enclosures for the owner’s animals in a state of good repair and in such a manner as to prevent the animal so enclosed from escaping or running at large.

Use of animals as novelties.

It shall be unlawful to sell, offer for sale, barter or give away as toys, premiums or novelties, baby chickens, ducklings or other fowl under three (3) weeks old or rabbits under two (2) months old, unless the manner or method is first approved by the City veterinarian or Supervisor of Animal Services.

(L)

Coloring animals.

It shall be unlawful to color, dye, stain, or otherwise change the natural color of baby chickens, ducklings, other fowl, or rabbits, or to possess, for the purpose of sale or to be given away, any such animal that has been so colored.

(M)

Trapping and poisoning.

It shall be unlawful to trap or poison an animal without a permit issued by the Supervisor of Animal Services. It is an affirmative defense to prosecution under this subsection that such activities were carried out by:

A state wildlife damage control specialist;

A licensed pest control applicator;

A person lawfully using a registered pest control agent on property under that person’s care, custody or control;

A property owner using a humane trap on property under that person’s care, custody or control as provided in section 22.05(B) of this article; or

An employee of Animal Services.

(N)

Animal graffiti.

It shall be unlawful to mark or physically alter the appearance of any animal using paint or any similar product. It is an affirmative defense to prosecution under this subsection if such markings are not physically harmful to the animal; and

Are part of a temporary costume; or

The results of a dog grooming procedure.

(O)

Cruelty to animals.

A person commits an offense if the person intentionally or knowingly:

Tortures, kills, or injures an animal, provided that regular care or euthanasia in an animal shelter or veterinary clinic is not considered a violation of this section.

Fails to provide reasonable care to an animal including, but not limited to, food, water, care, or shelter to an animal in the person’s custody.

Causes one animal to fight with another animal, regardless if the animals are of a similar or different breed.

Tethers an animal in a manner that causes injury.

(Ordinance 6125, sec. 1, adopted 5/1/07)

§ 22.19 Prohibited animals.

It shall be unlawful to keep, harbor, sell, transfer, convey or release any of the following:

An unsterilized cat or dog over the age of six months, except as provided in this section;

A wild animal;

An exotic animal, except as provided in this article; or

A dangerous animal as provided in section 22.20.

It shall be an affirmative defense to prosecution under this section that the owner of an animal prohibited by subsection (A)(1) of this section establishes one of the following:

Retail or adoption animal.

The animal is being held for sale by a retail pet store or held for adoption by animal services or an animal welfare organization;

Shows and competitions.

The cat or dog is a used to show, to compete, or breed, which is a breed recognized by and registered with the American Kennel Club, United Kennel Club, American Dog Breeders Association, Cat Fanciers’ Association, or other bona fide registry and meets one of the following requirements:

The cat or dog has competed in at least one show or sporting competition sanctioned by a bona fide national registry within the last 365 days;

The dog earned conformation, obedience, agility, carting, herding, hunting, protection, rally, sporting, working or other title from a purebred dog registry, referenced above, or other registry or dog sport association; or

(c)

The owner of the cat or dog is a member of, and the cat or dog is registered with a bona fide cat fanciers’ association or purebred dog breed club, which maintains and enforces a code of ethics for cat or dog breeding that includes restrictions from breeding cats or dogs with genetic defects and life threatening health problems that commonly threaten the breed.

Medical fitness.

A veterinarian licensed in the State certifies in writing that a cat or dog is medically unfit to undergo the required spay or neuter procedure because of a medical condition. As soon as the medical condition ceased to exist, it shall be the duty of the owner to have it spayed or neutered within 30 days.

Law enforcement.

The dog is currently used by a law enforcement agency for law enforcement purposes or is part of a law enforcement animal breeding program.

Service animals.

A dog that is an “Assistance Animal” or “Service Animal” as defined in section 121.002 of the Texas Human Resources Code.

Hunting and herding dogs.

The dog is currently used as, or trained to be, a hunting or herding dog and the dog is registered with a bona fide national, state, or local hunting or herding dog association.

Breeder permit.

The owner holds a valid breeding permit issued under section 22.13 of this chapter for the animal.

It shall be an affirmative defense to prosecution under this section if the owner of an animal prohibited by this section is a zoological park, educational institution, licensed veterinarian providing care to an injured or ill prohibited animal, or State or federally approved wildlife rehabilitation facility.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 7036, sec. 2, adopted 2/5/19)

§ 22.20 Dangerous animals.

Authority to destroy if found running at large.

Any dangerous animal found running at large may be destroyed by any peace officer or Animal Service Officer in the interest of public safety.

Authority to require removal from City; appeals from orders of removal; stay of removal pending appeal.

The Supervisor of Animal Services may order the owner of any dangerous animal to immediately remove the animal permanently from the City limits. If the animal is a dog, the Supervisor of Animal Services may, as an alternative to ordering the removal of the animal, determine that the animal is a dangerous dog within the meaning of section 822.041, Texas Health and Safety Code, in which event the owner shall comply in all respects with the applicable provisions of chapter 822, Texas Health and Safety Code. If the Supervisor of Animal Services orders a dangerous animal to be permanently removed from the City, the decision is final unless the owner files a written appeal with the hearing officer appointed under section 24.25 of this Code within 15 days after receiving notice of the order of removal. If the Supervisor of Animal Services has exercised the discretionary option provided in this section with respect to a dangerous dog in lieu of ordering the animal removed as a dangerous animal, the owner may appeal as provided by section 822.0421(b), Texas Health and Safety Code, and if the appeal is filed in the Municipal Court, the standard of review is substantial evidence. An appeal of a determination that an animal is dangerous shall be heard by the hearing officer on a written record of proceedings based upon written declarations submitted by the owner of the animal, the person filing the appeal (if different from the owner), the Supervisor of Animal Services or other employee of Animal Services designated by the Supervisor, and such other interested persons who have testimony or evidence to provide relevant to the determination being appealed. On the written motion of any interested person and for good cause, the hearing officer may allow for the taking of oral evidence at the hearing. In any event, all evidence submitted shall be sworn or otherwise submitted subject to penalty of perjury.

The filing of a notice of appeal under subsection (1) automatically operates as a stay of the order of removal but only if the animal that has been ordered removed is surrendered until final disposition of the appeal to a licensed veterinarian or to Animal Services pending final determination of the appeal.

In lieu of issuing an order of removal under this section, the Supervisor of Animal Services may defer removal if the owner of the animal agrees in writing to keep the animal under such conditions of confinement as the Supervisor of Animal Services shall determine are appropriate for the animal, taking into consideration the animal, the ability of the owner to comply with the conditions of confinement, and the nature of the incident or incidents on which the determination of dangerousness was based. A deferment of removal may be revoked if the subject animal is involved in another incident of the sort described in section 22.01(L) or the owner fails to comply with the agreed conditions of confinement in any respect.

Failure to remove; grounds for impoundment or destruction.

If the owner of a dangerous animal fails or refuses to remove the animal or returns the animal to the City, the animal may be impounded or destroyed by the Supervisor of Animal Services.

An animal deemed dangerous under this section shall not be released from the animal shelter until the owner has provided, in writing, a plan for disposition and/or relocation of the animal that is approved by the Supervisor of Animal Services.

Search and seizure warrants authorized.

The Supervisor of Animal Services is authorized to obtain a search and seizure warrant if the supervisor has probable cause to believe that an animal ordered removed from the City as a dangerous animal has not been so removed.

Any animal determined under this section to be a dangerous animal shall be implanted with a microchip by Animal Services to facilitate future identification. The owner of the dangerous animal shall be charged a fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, in addition to the fee for the first year of registration with the microchip manufacturer. Subsequent registration of the animal with the microchip manufacturer shall be the responsibility of the owner of the animal.

§ 22.21 Allowed numbers of animals (excessive animals).

It is an offense to possess, harbor or keep an animal determined to be a dangerous animal by the Supervisor of Animal Services or by the lawful authority of another governmental entity.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6534, secs. 4–5, adopted 4/3/12; Ordinance 6890, sec. 15, adopted 2/21/17; Ordinance 7363 adopted 9/6/2022)

If an owner has violated any provision of this article more than two times in a twelve-month period, and if the Supervisor of Animal Services determines, based upon the following criteria, that those violations are a result of excessive animals, the owner shall reduce the maximum number of animals to the number prescribed by the Supervisor of Animal Services. A person commits an offense if the person possesses, harbors, or keeps any number of animals in excess of the number prescribed by the Supervisor of Animal Services.

In making a determination of excessive animals, the Supervisor of Animal Services shall consider the following factors:

The size of the property at which the animals are being kept which may include, but is not limited to, the size of any dwelling in which the animals are being kept.

The number of animals present.

The size of each animal.

The apparent physical health of each animal.

The type of each animal.

The owner’s apparent ability to provide care for each animal.

The distance of the owner’s property from neighboring properties.

(8)

The history and validity of animal nuisance complaints from neighboring residents.

A person who has been ordered to reduce the number of animals to the number prescribed by the Supervisor of Animal Services may appeal the reduction to the Administrative Review Board. If so ordered, the animal number shall be reduced following receipt of the order, even if an appeal is initiated.

§ 22.22 Commercial businesses involving animals and birds.

The hearings provided for in this section shall be held before and decided by the Administrative Review Board at a time and place designated by the board. Based upon the evidence presented at the hearing, the Administrative Review Board shall make a finding and may sustain, modify, or rescind the decision forming the basis of the hearing.

(Ordinance 6125, sec. 1, adopted 5/1/07)

No person shall engage in the business of selling, grooming, breeding, showing, exhibiting, boarding, or training animals without a valid permit from Animal Services.

Every person engaged in the business of selling, grooming, breeding, showing, exhibiting, boarding, or training animals, and every person who conducts an animal club show, shall comply, in addition to the provisions of this article, with all applicable laws, ordinances and regulations governing such activities including, but not limited to, zoning, building, fire and health codes.

Application for permits shall be made to Animal Services on a form provided by the Supervisor of Animal Services. The application will not be approved until acknowledgment has been received from appropriate City departments that the proposed activity will comply with all applicable laws, ordinances and regulations governing such activities including, but not limited to, zoning, building, fire and health codes. If the permit application is approved, the permit shall be issued upon payment of the applicable fee.

A permit issued under this section shall be valid for the following twelve (12) months and shall be renewed annually thereafter by proper written application and payment of the applicable fee. No permit issued under this section shall be renewed without the approval of the Supervisor of Animal Services. Permits to show or exhibit animals (such as rodeos, circuses, and animal shows) shall be valid only for the thirty-day period immediately following the issuance of the permit. Permits are not transferable.

Application for a permit under this section shall be accompanied by the applicable fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10.

In cases involving a scientific or educational program, a nonprofit organization’s show, exhibition, or humane activity, or animals owned by the City, the Supervisor of Animal Services may waive the requirements of this section concerning permits, fees or conditions, within his discretion.

Any permit required under this section shall be displayed in public view.

Licensed veterinarians and veterinary clinics are exempt from the provisions of this section except subsection (J).

The Supervisor of Animal Services may revoke any permit issued under this article for failure to comply with regulations contained herein. A person whose permit is revoked may appeal the revocation of the permit by filing a written notice of appeal within ten (10) days with the Supervisor of Animal Services. The appeal, if timely, shall be heard by the Administrative Review Board. The board may uphold, reverse or modify the order of the Supervisor of Animal Services.

§ 22.23 Animal Services Advisory Committee.

Any business or veterinary clinic within which animals are washed or bathed shall comply with the construction provisions in section 22.49 of this chapter and shall install and properly maintain a hair trap, the design and size of which shall be approved by the Supervisor of Animal Services.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 7252 adopted 9/14/21; Ordinance 7363 adopted 9/6/2022)

The City Council shall appoint an eight person Animal Services Advisory Committee. The committee shall be composed of one licensed veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter, one representative from an animal welfare organization, one public health official, one educational representative with a background in animal studies, one animal welfare nonprofit official, and one citizen who shall be a resident of Garland and who shall not have any professional or personal affiliations similar to those represented by other appointees to the committee.

The Animal Services Advisory Committee shall meet at least six times each year.

The Animal Services Advisory Committee's authority shall be limited to the following tasks and responsibilities:

Advise the City Council and local health authority in complying with the department of state health services rules pertaining to animal shelters.

Assist Animal Services with obtaining charitable donations that support the operations of animal well-being.

(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6356, sec. 1, adopted 9/15/09; Ordinance 6534, sec. 6, adopted 4/3/12; Ordinance 7412 adopted 3/21/2023)

§ 22.24 Slaughter of animals.

It shall be unlawful to kill, butcher, skin, or defeather an animal in a public place or in any place visible from an adjoining property or public place.

It shall be unlawful to kill or slaughter, or cause the killing or slaughtering of, any animal within the City for the purposes of selling, bartering, donating, or using the animal’s flesh for any form of human use or consumption. This subsection does not apply to the cleaning, butchering, skinning, defeathering or dressing of an animal killed or slaughtered outside the City.

It is a defense to prosecution under subsection (B) above that the animal was killed or slaughtered:

In a slaughterhouse or in a food processing establishment, as defined in this article, that is operating in compliance with all applicable City ordinances and state and federal laws; or