Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section:
Hay, grain or processed feed for livestock.
Defined by the table in section 2.03.001 of this code.
Fecal matter and/or urine from animals.
Containers that hold animal waste and/or contaminated litter.
A dog or cat that is not confined to the premises of the
owner by a substantial fence of sufficient strength and height to
prevent the dog or cat from escaping therefrom, inside the house or
other enclosure, or secured on said premises by a leash of sufficient
strength to prevent the dog or cat from escaping from said premises
when the leash is stretched to full length in any direction; provided,
however. that a dog or cat shall not be considered "at-large" when
held and controlled by some person by means of a leash or chain of
proper strength and length to control the actions of the dog or cat,
when confined within a vehicle. or when controlled by an electric
leash.
Felis catus.
A facility where livestock is housed within a confined pen, cage, or other confinement that limits an animal’s ability to move about, and which either has a roof or is within a structure which is in whole or in part roofed, for a period in excess of twenty-four (24) continuous hours. Such facility shall include all structures, and other animal storage facilities located on a single parcel of land or on one or more contiguous parcels of land. An enclosed confined animal facility includes any such facility that is within the scope of section 2.02.001 of this code.
A confined animal facility (open or enclosed) that is in
operation prior to the effective date of this chapter.
A facility where livestock is housed within a confined pen, cage, or other confinement that limits an animal’s ability to move about, either within an enclosed structure that does not have a roof or which is outdoors, for a period in excess of twenty-four (24) continuous hours. Provided that an animal is not considered housed in a confined animal facility (open) if the animal is continuously accompanied and tethered by a human handler. Such facility shall include all structures, and other animal storage facilities located on a single parcel of land or on one or more contiguous parcels of land. An open confined animal facility includes any such facility that is within the scope of section 2.02.001 of this code.
A confined animal facility (open or enclosed) whose owner resides on the same premises as the confined animal facility, and which is located in a residential zoning district, and which is not within the scope of section 2.02.001 of this code.
Hay, wood chips and other materials used for animal bedding
that is contaminated with animal waste.
Canis familiaris.
Animals normally raised for the purpose of food and/or fiber
production, (i.e. cattle, swine, sheep, lambs, chickens, ducks, turkeys,
geese, rabbits, goats), or beasts of burden (i.e. horses).
Any animal, such as horses, mules, cattle, ponies and animals
of the same approximate size and weight.
Any animal, such as goats, sheep, lambs and animals of the
same approximate size and weight.
Any person or persons, firm, association, partnership, or
corporation owning, keeping or harboring an animal or animals. An
animal shall be deemed to be owned by a person who shall harbor, feed,
or shelter such animal for more than three consecutive days.
Lands that are primarily used for keeping of livestock outdoors,
and which have native forage plants or adapted, domesticated forage
plants for livestock, and which provides at least some grazing for
livestock.
A structure where people live in a district zoned for residential
purposes.
A container that prevents infiltration by insects, and vermin.
A container that does not prevent infiltration by insects
and vermin.
(2005 Code, sec. 6.1.01; Ordinance
adopting Code; Ordinance 14-02 adopted 3/19/14; Ordinance 15-05, sec. 1, adopted 10/21/15; Ordinance 16-04, sec. 1, adopted 9/15/16; Ordinance 17-07, sec. 1, adopted 3/16/17; Ordinance
2023-24 adopted 11/16/2023)
(a)
Dogs or cats.
No owner of any dog or cat shall permit
such dog or cat to run at-large within the corporation limits of the
city.
(b)
Other animals.
It shall be unlawful for any person to
allow or permit any animal including any cow, calf, steer, bull, bullock,
heifer, or any sheep, goat, hog, horse, mare, colt, mule, jack, or
jenny owned or controlled by said person to run at-large, or be herded
in or upon any street or alley, in or upon any unenclosed vacant lot
or common [area] or on property of another without the property owner’s
consent within the corporate limits of the city.
(c)
Fowl.
It shall be unlawful for any person to permit,
suffer or allow any chickens, ducks, turkeys, geese or other fowl,
owned, kept or possessed by them or under their control, to wander
in or upon or invade the premises of any other person, within the
corporate limits of the city, unless the owner or person in charge
of said premises shall consent thereto.
(2005 Code, sec. 6.1.02; Ordinance 14-02 adopted 3/19/14)
(a)
Any
animal owned or harbored in violation of this chapter, any other ordinance
of the city, or any law, rule, or regulation of the state or of the
United States may be taken into custody by a duly authorized representative
of the city, and impounded or caused to be impounded in a place provided
for that purpose.
(b)
If
the owner of an animal is known, immediate notice shall be given to
him. The owner of any animal impounded shall be permitted to redeem
such animal only upon the payment to the impounding agency of its
prevailing pound fee, as well as any fees due to the city in connection
with impoundment. If such animal is not redeemed by the owner within
seventy-two (72) hours after notification of the owner where the owner
is known, or within 72 hours after impoundment where the owner is
unknown, it shall be deemed abandoned, the city shall be deemed the
owner of the animal, and the animal may be destroyed humanely or may
be released to the agency of impoundment (if other than the city)
for adoption or other disposition.
(c)
The city may provide for impoundment and the housing and feeding of impounded animals by other entities, either public or private. Fees for impoundment shall be as set forth in the fee schedule in appendix A of this code.
(d)
Prior
to the release of an impounded cat or dog, the owner thereof will
be required to show proof that the dog or cat has been vaccinated
against rabies as required by state statute. Owners of dogs or cats
for which proof of a current vaccination cannot be provided will be
required to sign a declaration of intent to have the animal vaccinated
and provide proof of vaccination to the city within 48 hours of the
animal’s release.
(Ordinance 17-07, sec. 2, adopted 3/16/17)
(a)
Adoption of state law.
The provisions of chapter 826
of the Texas Health and Safety Code and the standards adopted by the
state board of health are hereby adopted as the standards for rabies
control in the city.
(b)
Vaccination of dogs and cats.
All dogs and cats shall
be vaccinated against rabies in accordance with state law. The owner
of a dog or cat shall maintain proof of current vaccination for city
inspection on reasonable request therefor.
(c)
Quarantine.
The procedures for quarantine of animals
shall be as provided by the Texas Health and Safety Code.
(2005 Code, sec. 6.1.04(A)–(C))
The offense of keeping a vicious dog and the penalties therefor
shall be as provided in the Texas Penal Code.
(2005 Code, sec. 6.1.04(D))
Dangerous dogs, as defined in V.T.C.A., Health and Safety Code,
section 822.041, shall be regulated in accordance with the provisions
of V.T.C.A., Health and Safety Code, chapter 822, subchapter D, section
822.041 et seq.
(Ordinance adopting Code)
(a)
Sale or delivery of baby rabbits, gerbils or hamsters.
It shall be unlawful for a person to sell or deliver live rabbits,
gerbils or hamsters less than four (4) weeks of age, except when sale
or delivery is to provide animals for educational purposes pursuant
to a program conducted by a state or federally chartered organization
engaged in animal husbandry education.
(b)
Sale of artificially colored animals.
It shall be unlawful
for a person to sell, offer for sale, barter or display any living
chickens, ducks, rabbits or other fowl or animal that has been dyed,
colored or otherwise treated so as to impart to such animal an artificial
color.
(c)
Giving away animal as prize or inducement.
It shall
be unlawful for a person to give away any live animal as a prize or
inducement for the purpose of attracting trade or business.
(d)
Abuse.
It shall be unlawful for any person to beat,
starve, overwork or otherwise abuse any animal.
(e)
Abandonment.
It shall be unlawful for any person who
is an owner or is otherwise in control of an animal to abandon such
animal.
(Ordinance 07-05, sec. 1 (6.2.01),
adopted 5/17/07)
(a)
It
shall be unlawful for a person to sell, offer for sale, barter, trade,
keep, own, maintain, use or have in one’s possession or on one’s
premises under one’s control any of the following:
(1)
Any dangerous animal. For the purpose of this chapter, the term “dangerous
animal” means an animal, including a dog, that makes an unprovoked
attack on a human, causing bodily injury and occurring in a place
other than an enclosure in which the animal was kept and that was
reasonably certain to prevent the animal from leaving the enclosure;
or an animal, including a dog, that commits an unprovoked act in a
place other than an enclosure in which the animal is being kept, and
those acts cause a person reasonably to believe that the animal will
attack and cause bodily injury to that person.
(2)
Any prohibited animal, unless that person or the animal is made exempt
herefrom by applicable provisions of state law. For the purpose of
this chapter, the term “prohibited animal” means:
(A)
Mammals as follows: Carnivores of the Family Mustelidae (such as
weasels, skunks, otters, badgers, mink and martens), raccoons, coati,
bears, bobcats, lions, tigers, ocelots, cougars, leopards, cheetahs,
jaguars, lynxes, servals and caracals (except domestic cats); canines
such as coyotes, foxes and jackals (except domestic dogs); hyenas;
and primates (such as baboons, chimpanzees, gorillas and orangutans);
(B)
Reptiles such as venomous lizards or venomous marine snakes, rattlesnakes,
water moccasins, copperheads, Old World vipers, coral snakes, cobras,
mambas, members of the Order Crocodilia, and the Family Chelydridae;
(C)
The Class Amphibia; and
(b)
The
requirements of this chapter shall be in addition to federal laws
and regulations and state laws and regulations governing the ownership
and/or possession of these animals.
(Ordinance 07-05, sec. 1 (6.2.02,
6.2.03), adopted 5/17/07)
(a)
Cleaning of stables and yards; offensive smells.
Whenever
any stable, stall, shed or apartment, or any yard or appurtenance
thereof, in which any horse, cattle, cow, swine or other animal shall
be kept, or any place within the corporate limits of the city in which
manure or liquid discharges of such animals shall collect or accumulate,
and which stable, stall, shed or apartment, or any yard or appurtenance
thereof, is not kept in a clean and sanitary condition so that no
offensive smell shall be allowed to escape therefrom, or if such stable,
stall, shed or apartment, or any yard or appurtenance thereof from
use becomes offensive to a person of ordinary sensibilities it shall
be deemed a nuisance; provided that nothing in this section shall
be so construed as to include manure deposits upon any private property
for the purpose of cultivating the same, when such deposits are maintained
so as to prevent the breeding of flies.
(b)
Excessive noise.
Any person who shall harbor or keep
on his/her premises, or in or about the premises under his/her control,
any animal which by loud or unusual vocalization causing frequent
or long continued noise that shall disturb the comfort and repose
of any person of ordinary sensibilities in reasonable proximity is
declared a nuisance and shall be guilty of a violation. A separate
offense shall be deemed committed upon each day during or on which
such violation occurs or continues.
(c)
Endangering public health or annoying neighbors.
The
keeping of any animal or insect in such a manner so to endanger the
public health; to annoy neighbors by the accumulation of animal wastes
which cause foul and offensive odors, or are considered to be a hazard
to any other animal or human being; or by continued presence on the
premises of another is prohibited.
(d)
Enumeration of nuisances does not limit nuisances.
The
enumeration herein of matters or situations which are defined as nuisances
does not operate to prevent other matters from constituting a nuisance,
whether such unnemuerated matters are nuisances under another provision
of this code or under state statutory or common law.
(Ordinance 15-05, sec. 2, adopted 10/21/15)
No person shall remove, alter, damage, or otherwise tamper with
a trap or equipment set by any duly authorized representative of the
city.
(Ordinance 17-07, sec. 3, adopted 3/16/17)
