(A)
This article's ordinances do not apply to and shall not be enforced
against (1) an Agriculture Operation, as that term is amended and
defined by the Texas Agriculture Code; (2) a person operating a business
involving the breeding, care, treatment, or commercial sale of animals
or animal products, including a veterinary practice, if the person
operating the business holds a license for the business that is issued
by the federal government or a state; and (3) a person involved in
the retail sale of dogs or cats.
(B)
No provision within this article shall be construed or interpreted
in a manner that attempts to regulate an activity or subject matter
preempted by state law.
(C)
In the event that a provision within this article is found to conflict
with or attempt to regulate a subject matter preempted by state law,
such provision shall be considered invalid and unenforceable to the
extent of the conflict or attempted regulation.
(Ordinance 7495 adopted 1/9/2024)
(A)
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.
(B)
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.
(C)
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.
(D)
Animal Services
means the Animal Services Division
of the City.
(E)
Animal Service Officer
means any person employed
by or designated by the Supervisor of Animal Services to enforce the
provisions of this article.
(F)
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.
(G)
Bee
means any stage of the common domestic
honey bee (Apis mellifera).
(H)
City veterinarian
means a veterinarian, licensed
in the state, and employed or designated by the City to serve as its
veterinarian.
(I)
Colony
means a hive or apiary and its equipment
and appurtenances including bees, combs, honey, pollen and brood.
(J)
Commercial stable
means a facility where a
fee is charged to house, pasture or rent horses or other livestock.
(K)
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:
(1)
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;
(2)
With
or without provocation, bitten any person or other animal causing
death or serious bodily injury;
(3)
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
(4)
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.
(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.
(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:
(1)
Any poisonous or dangerous reptile.
(2)
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)
(A)
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.
(B)
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)
(A)
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.
(B)
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.
(C)
It is an affirmative defense to a prosecution under subsection (A) of this section if:
(1)
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
(2)
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)
(A)
Vaccination
of dogs and cats required; paper certificates.
(1)
All
dogs and cats must be vaccinated for rabies between the ages of twelve
(12) weeks and sixteen (16) weeks.
(2)
All
dogs and cats shall either:
(3)
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.
(4)
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.
(B)
(C)
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.
(D)
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.
(E)
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)
(A)
Animals
subject to impoundment.
(1)
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;
(3)
Any
animal running at-large;
(4)
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;
(5)
Any
animal that has bitten a person;
(7)
Any
animal violation any other provision of this article.
(B)
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.
(C)
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.
(D)
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.
(E)
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.
(F)
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.
(G)
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.
(H)
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.
(I)
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.
(J)
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.
(K)
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)
(A)
Impoundment
fees.
(2)
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.
(3)
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.
(B)
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.
(C)
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.
(D)
Adoption
procedures.
(1)
A
person may adopt an animal from Animal Services under the following
conditions:
(a)
The prospective adopter must complete an animal adoption application
in a form to be provided by Animal Services.
(b)
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.
(2)
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.
(E)
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.
(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)
(A)
(1)
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.
(2)
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.
(B)
(1)
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.
(2)
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.
(3)
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.
(C)
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.
(D)
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.
(E)
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.
(F)
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.
(G)
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.
(H)
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:
(1)
Humanely
destroyed, with notification to, or under supervision of, Animal Services;
(2)
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
(3)
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.
(I)
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.
(J)
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.
(K)
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)
It shall be unlawful:
(1)
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.
(2)
For
an owner to cause, suffer or allow an animal enclosure to become offensive
to a person of ordinary sensibilities.
(3)
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.
(4)
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.
(5)
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.
(6)
For an owner to keep an animal which, by habitual noisemaking, violates any provision of chapter 22, article V, noise control.
(7)
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)
(A)
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.
(B)
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.
(C)
Small
livestock shall be kept within an enclosure consisting of:
(1)
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
(2)
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.
|
(D)
Large
livestock shall be kept within an enclosure consisting of:
(1)
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
(2)
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.
|
(E)
When
small and large livestock are kept together, the enclosure standards
for small livestock must be met.
(F)
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.
(G)
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)
(A)
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.
(B)
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:
(1)
No
more than two potbellied pigs shall be kept at one residential dwelling;
(2)
Each
potbellied pig shall be vaccinated against erysipelas annually;
(3)
Enclosures
shall be maintained in good condition and shall be at least 42 inches
in height;
(4)
Each
potbellied pig shall wear, at all times, a harness with a tag identifying
the owner and address of the owner;
(5)
A
potbellied pig allowed outside the owner’s enclosure shall be
kept on a leash;
(6)
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
(7)
Each
male potbellied pig shall be neutered before the age of three months.
(C)
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:
(1)
No
more than two pygmy goats shall be kept at one dwelling unit;
(2)
No
pygmy goat shall be greater than twenty-four (24) inches tall at the
withers;
(3)
Enclosures shall be maintained in good condition and shall be constructed to the standards required for small livestock in section 22.09(C);
(4)
Each
pygmy goat shall wear, at all times, a collar with a tag identifying
the owner and address of owner;
(5)
A
pygmy goat allowed outside the owner’s enclosure shall be kept
on a leash;
(6)
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.
(D)
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:
(1)
No
more than two miniature horses shall be kept at one dwelling unit;
(2)
No
miniature horse shall be greater than thirty-four (34) inches tall
at the withers, at the last hair of the mane;
(3)
Enclosures shall be maintained in good condition and shall be constructed to the standards required for small livestock in section 22.09(C);
(4)
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;
(5)
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;
(6)
All
male miniature horses shall be castrated by the age of one (1) year;
(7)
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)
In addition to other generally applicable requirements, the
owner of a ferret shall comply with the following standards:
(A)
A ferret
must be currently vaccinated for rabies;
(B)
A ferret
allowed outside the owner’s enclosure shall be kept on a leash;
(C)
Each
ferret shall wear a collar with a tag identify the owner and the address
of the owner;
(D)
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)
(A)
Nonpoisonous
snakes and lizards (other than prohibited animals) that do not exceed
six feet in length at maturity may be kept in the City.
(B)
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:
(1)
The
owner shall permit one or more inspections by an Animal Service Officer
annually;
(2)
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
(3)
Reptiles
covered by this subsection shall be kept indoors only unless the animal
is being transported for veterinary care.
(C)
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)
(A)
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.
(B)
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:
(1)
That is currently in compliance with the vaccination requirements of Section 22.04(A) of this article;
(2)
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
(3)
Whose
owner:
(a)
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
(b)
Holds a license as required by section 802.101 of the Texas Occupations
Code for each facility owned or operated in the state.
(C)
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.
(D)
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.
(E)
The
Supervisor of Animal Services may impose specific conditions on a
permit in order to obtain compliance with all applicable provisions
of this article.
(F)
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.
(G)
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.
(H)
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)
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)
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)
(A)
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.
(B)
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)
(A)
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.
(B)
Unless
otherwise specified in this article, the owner of an animal shall
comply with the following general sanitary regulations:
(1)
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.
(2)
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.
(3)
The
feeding of vegetables, meats, scraps, or garbage shall be done only
in impervious containers or on an impervious platform.
(4)
Watering
troughs or tanks shall be equipped with adequate facilities for draining
the overflow so as to prevent the breeding of flies.
(5)
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.
(6)
No
pen, run, cage or similar enclosure shall be located less than five
(5) feet from any adjoining residentially zoned property.
(7)
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)
(A)
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.
(B)
Abandonment.
No owner of an animal shall abandon such animal.
(C)
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.
(D)
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.
(E)
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.
(F)
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.
(G)
Keeping
bees.
A person who keeps or harbors bees shall:
(1)
Maintain
each colony in a healthy state;
(2)
Maintain
the grounds near each hive in a sanitary manner;
(3)
Ensure
that a convenient source of water is available to each colony at all
times;
(4)
Mark
each hive with the name and telephone number of the beekeeper; and
(5)
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.
(H)
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.
(I)
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.
(J)
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.
(K)
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:
(1)
A
state wildlife damage control specialist;
(2)
A
licensed pest control applicator;
(3)
A
person lawfully using a registered pest control agent on property
under that person’s care, custody or control;
(4)
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
(5)
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
(O)
Cruelty
to animals.
A person commits an offense if the person
intentionally or knowingly:
(1)
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.
(2)
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.
(3)
Causes
one animal to fight with another animal, regardless if the animals
are of a similar or different breed.
(4)
Tethers
an animal in a manner that causes injury.
(Ordinance 6125, sec. 1, adopted 5/1/07)
(A)
It shall
be unlawful to keep, harbor, sell, transfer, convey or release any
of the following:
(B)
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:
(1)
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;
(2)
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:
(a)
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;
(b)
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.
(3)
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.
(4)
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.
(5)
Service animals.
A dog that is an “Assistance
Animal” or “Service Animal” as defined in section
121.002 of the Texas Human Resources Code.
(6)
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.
(C)
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)
(A)
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.
(B)
Authority
to require removal from City; appeals from orders of removal; stay
of removal pending appeal.
(1)
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.
(2)
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.
(3)
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.
(C)
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.
(D)
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.
(E)
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.
(F)
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.
(G)
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)
(A)
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.
(B)
In making
a determination of excessive animals, the Supervisor of Animal Services
shall consider the following factors:
(1)
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.
(2)
The
number of animals present.
(3)
The
size of each animal.
(4)
The
apparent physical health of each animal.
(5)
The
type of each animal.
(6)
The
owner’s apparent ability to provide care for each animal.
(7)
The
distance of the owner’s property from neighboring properties.
(8)
The
history and validity of animal nuisance complaints from neighboring
residents.
(C)
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.
(D)
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)
(A)
No person
shall engage in the business of selling, grooming, breeding, showing,
exhibiting, boarding, or training animals without a valid permit from
Animal Services.
(B)
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.
(C)
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.
(D)
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.
(F)
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.
(G)
Any
permit required under this section shall be displayed in public view.
(H)
Licensed veterinarians and veterinary clinics are exempt from the provisions of this section except subsection (J).
(I)
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.
(Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 7252 adopted 9/14/21; Ordinance 7363 adopted 9/6/2022)
(A)
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.
(B)
The
Animal Services Advisory Committee shall meet at least six times each
year.
(C)
The
Animal Services Advisory Committee's authority shall be limited to
the following tasks and responsibilities:
(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)
(A)
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.
(B)
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.
(Ordinance 6125, sec. 1, adopted 5/1/07)
