4-H National Council.
The 4-H council is the national, private sector nonprofit
partner of 4-H and the Cooperative Extension System. The council is
governed by its own board of trustees, made up of youth, representatives
from 4-H/extension/land-grant universities, corporate executives and
other private citizens.
Animal
means any living creature, including but not limited to dogs,
cats, horses, birds, fish, mammals, reptiles, insects, fowl and livestock,
but specifically excluding human beings.
Animal control officer
means any person designated by the supervisor of animal control
to enforce the provisions of this chapter.
Animal control supervisor
means the person designated by the animal control authority
to supervise all aspects of animal control.
At large
means off the premises of the owner and not under the control
of the owner or another person authorized by the owner to care for
the animal.
Cat
means any live or dead cat (Felis catus).
CISD
means Community Independent School District.
Commercial stable
means a facility where a fee is charged to house, pasture
or rent horses or other livestock.
Dangerous animal
means any individual animal of any species that has made
an unprovoked attack on a person or animal that causes bodily injury
and occurs in a place other than an enclosure in which the animal
was being kept and that was reasonably certain to prevent the animal
from leaving the enclosure on its own, or commits unprovoked acts
in a place other than an enclosure in which the animal was being kept
and that was reasonably certain to prevent the animal from leaving
the enclosure on its own and those acts cause a person to reasonably
believe that the animal will attack and cause bodily injury to that
person or another animal.
Dog
means any live or dead dog (Canis familiaris).
Domestic animals
means all species of animals commonly accepted as being domesticated.
FFA
means the national FFA organization, governed by a board
of directors and a board of student officers, [that] charters state
associations; provides direction, programmatic materials and support;
and hosts the national FFA convention.
Harboring
means the act of keeping and caring for an animal or of providing
premises to which the animal returns for food, shelter or care for
a period of three (3) consecutive days.
Livestock
means horses or any member of the domesticated horse family,
including but not limited to mules, donkeys, and ponies, and all types
and varieties of cattle.
Local health authority
means a person or agency designated by the city mayor to
receive reports of animal bites, investigate bite reports, insure
quarantine of possible rabid animals and otherwise carry out provisions
of the state law pertaining to the control and eradication of rabies.
Owner
means any person, firm or corporation having title to any
animal, or a person who has, harbors, or keeps or causes or permits
an animal to remain on or about his premises.
Pet animal
includes dogs, cats, rabbits, rodents, birds, reptiles and
any other species of animal that is sold or retained as a household
pet, but shall not include skunks, non-human primates and any other
species of wild, exotic, or carnivorous animal that may be further
restricted in this law.
Proof of participation.
A student must present a notarized letter of participation
from the local 4-H chapter leader or the CISD FFA leader, and be a
member in good standing.
Property layout
means a drawing of the overall layout of the land including
all buildings and enclosures on the premises.
Stray animal
means any animal for which there is no identifiable owner
or harborer.
Student
means a youth that is currently attending public or private
school, between the grades of kindergarten and 12th grade.
Student project permit
means a permit required to house student animal projects inside the city. Must be renewed annually at the cost as set forth in the fee schedule in appendix
A of this code.
Vaccinated
means properly injected with a rabies vaccine licensed for
use in that species by the United States Department of Agriculture
and administered by a veterinarian licensed to practice in the state.
Vaccinated currently
means vaccinated and satisfying the following criteria:
(1)
The animal must have been at least three (3) months of age at
the time of vaccination.
(2)
At least thirty (30) days has elapsed since the initial vaccination.
(3)
No more than three (3) years have elapsed since the most recent
vaccination.
Variance
means approval by the city council to do some act contrary
to the usual rule.
Vicious animal
means any animal, except a dog assisting a peace officer
engaged in law enforcement duties, which without provocation attacks
or bites any human being or any domestic animal [or] which has a known
propensity to attack or bite human beings or animals, including a
dangerous dog as defined in Texas Health and Safety Code section 822.0421
(determination that dog is dangerous), but not including an animal
which bites, attacks or menaces a trespasser on the property of its
owner or harms or menaces anyone who has tormented, tortured, or exhibited
cruelty to such animal.
Wild animal
means any poisonous or dangerous reptile, or any other species
of animals that commonly exists in a natural, unconfined state and
is usually not domesticated, including, but not limited to, foxes,
opossums, raccoons, squirrels, leopards, panthers, tigers, lions,
and lynx, unless certified for medical, biological, herpetological
or other scientific research or study. This definition shall apply
regardless of state or duration of captivity.
(2013 Code, sec. 1.2.1.1; Ordinance 2016-05-01, sec. 2, adopted 5/3/16; Ordinance adopting 2018 Code)
(a) Any
person found to be violating any provision of this chapter and who
has not been previously found guilty of any provision of this chapter
in the last 12 months shall be deemed guilty of a class C misdemeanor
and upon conviction shall pay a fine of not less than one hundred
dollars ($100.00) nor more than one thousand dollars ($1,000.00).
(b) Any
person found to be violating any provision of this chapter a second
or subsequent time within any 12-month period shall be deemed guilty
of a class C misdemeanor and upon conviction shall pay a fine of not
less than five hundred dollars ($500.00) nor more than two thousand
dollars ($2,000.00).
(Ordinance 2016-05-01, sec. 18,
adopted 5/3/16; Ordinance adopting
2018 Code)
(a) Primary
enforcement of this chapter shall be the responsibility of the local
or contracted animal control agency.
(1) Any code enforcement officer, public health officer or police officer
shall possess the authority to enforce any provision of this chapter.
(2) Any authority vested with an animal control officer by this chapter
shall vest an equal authority with any city code enforcement officer,
public health officer or police officer.
(b) Any
animal control officer, city code enforcement officer, public health
officer or police officer shall have the authority to issue citations
for any violation of this chapter.
(c) If
the person being cited is not present, the officer may send the citation
to the alleged offender by registered or certified mail.
(d) It
shall be unlawful for any person to interfere with the animal control
officer, city code enforcement officer, public health officer or police
officer in the performance of his duties as outlined in this chapter.
(e) The
animal control officer, city code enforcement officer or public health
officer are given the right to go onto any private property in the
city for the purpose of determining whether or not any provision of
this chapter has been violated and to impound any animal kept or harbored
in violation of any terms of this chapter.
(Ordinance 2016-05-01, sec. 17,
adopted 5/3/16)
(a) Prohibited.
It shall be unlawful for any owner to allow
any dog or other animal possessed, kept, or harbored, other than a
cat, to run at large as is defined in this chapter.
(b) Impoundment authorized.
The animal control officer is
authorized to impound such animals running at large, other than a
cat.
(c) Impoundment of cats.
The animal control officer may
impound a cat under conditions specified in this chapter, or when
he has received a complaint that the cat has caused a nuisance or
hazard to the health or welfare of human or animal population.
(d) Enclosure required for dogs.
(1) All dogs kept in the city must be kept in an enclosure of sufficient
strength and type to ensure the dog does not escape.
(2) A fence around all or part of the property shall serve as an approved
enclosure as long as the fence is capable of keeping the dog from
leaving the property.
(e) Maintenance of enclosure.
(1) It shall be the responsibility of every person residing at a location
where a dog is kept to ensure that the enclosure is maintained in
a manner capable of containing all dogs kept on the property.
(2) Any dog running at large shall be prima facie evidence that the enclosure
was not maintained in a manner to keep the dog contained.
(f) Failure to maintain enclosure.
It shall be unlawful for any person to fail to maintain an enclosure in compliance with subsection
(e) of this section.
(Ordinance 2016-05-01, sec. 5, adopted 5/3/16)
(a) The
keeping of any animal which, by causing frequent or long continued
barking, cry or noise, shall disturb any person or ordinary sensibilities
in the vicinity is prohibited.
(b) The
keeping of any animal in such a manner as 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.
(c) Animal
pens, stables, or enclosures in which any animal may be kept or confined
that have become offensive to a person of ordinary sensitivities are
prohibited.
(d) The
keeping of bees in such a manner as to deny that lawful use of adjacent
property or endanger personal health and welfare is prohibited.
(e) Persistent
laxness in supervision of cats so that their running at large results
in disturbance to persons of ordinary sensibilities is prohibited.
(f) Depositing dog waste.
No owner of any dog shall allow
or permit the depositing of fecal waste material by such dog within
any public park or other landscaped publicly accessed area within
the city unless such waste material is promptly removed from the public
park or other landscaped public area or deposited in a trash container.
(Ordinance 2016-05-01, sec. 6, adopted 5/3/16; Ordinance 2018-08-05 adopted 8/21/18)
(a) It
shall be unlawful for any person 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, and rabbits under two (2)
months old; sale of such animals for agricultural purposes is exempt
from this provision.
(b) It
shall be unlawful to color, dye, stain, or otherwise change the natural
color of any chickens, ducklings, other fowl, or rabbits, or to possess
for the purpose of sale, or to be given away, any of the above-mentioned
animals which have been so colored.
(Ordinance 2016-05-01, secs. 7.1,
7.2, adopted 5/3/16)
It shall be unlawful to keep and/or sell any wild animal inside
the city.
(Ordinance 2016-05-01, sec. 7.3,
adopted 5/3/16)
(a) Authority to destroy animals running at large.
Any dangerous
animal found running at large may be destroyed by any peace officer
or animal control officer in the interest of public safety.
(b) Order to remove animal from city.
The animal control
officer or code enforcement officer may order any owner or person
having care, control, or custody of any dangerous animal to take such
animal permanently from the city.
(1) This animal must be removed immediately following receipt of such
an order, even if an appeal is initiated.
(2) This order may be appealed in writing within ten (10) days to the
municipal judge.
(3) The municipal judge may uphold, reverse or modify the order, and
may stipulate restrictions on the animal as a condition to allowing
the animal to remain in the city.
(4) If the municipal judge upholds the order, the owner or person having
care, control, or custody shall not bring the animal back inside the
city limits.
(c) Failure to remove animal from city.
If the owner or
person having care, custody or control of a dangerous animal fails
to remove such animal as provided for in this section, such animal
may be impounded and/or destroyed.
(d) Report of disposition and relocation of animal.
The
owner or person having care, custody or control of a dangerous animal
must report the disposition and relocation of such animal to the animal
control officer in writing within ten (10) days after the expiration
date for removal of such animal from the city. Each day thereafter
such information is not provided shall constitute a separate offense.
(e) Search and seizure warrant.
The animal control officer
or code enforcement officer shall be authorized to obtain a search
and seizure warrant if there is reason to believe that an animal ordered
removed from the city for being dangerous has not been so removed.
(Ordinance 2016-05-01, sec. 8, adopted 5/3/16)
(a) Keeping swine.
It shall be unlawful for any person to
keep any swine within the city limits except in a zoning district
in which a stockyard or stable is permitted.
(b) Area for keeping cows or horses.
It shall be unlawful
for any person to keep a cow or horse on any premises, the overall
area of which is less than one-third (1/3) of an acre for each cow
or horse kept, or to keep more than can be cared for under sanitary
conditions and not create a nuisance.
(1) In no event shall the cows and horses kept exceed the permitted number
of adult animals and their foals or calves.
(2) The number of cows or horses permitted shall not exceed one (1) adult
per one-third (1/3) of an acre for the first acre, and two (2) adults
per acre for each additional acre over two (2) acres of a single tract
of land.
(3) Within the limitations stated above, persons in lawful possession
of the premises, as owner or tenant, may keep thereon cows and horses
belonging to others, but not as a commercial business in violation
of the zoning ordinance.
(c) Enclosures for small livestock.
Any enclosure, pen,
corral, or other restrictive area for small livestock shall consist
of a solid wall stretching from the ground to at least four (4) feet
in height that does not sway or give way when tested by an animal
control officer, or shall consist of a fence.
(1) Such fence must have at least sixteen (16) gauge wire arranged in
a grid pattern (hogwire) with the maximum size of any grid in the
wire being seven and one-half inches (7-1/2") by twelve inches (12").
(2) The wire pattern must stretch continuously from the ground to at
least thirty-two inches (32") above ground.
(3) Above this wire pattern must be stretched tautly at least two (2)
strands of at least sixteen (16) gauge wire with at least one of these
strands at least four (4) feet above the ground.
(4) The maximum distance allowed between fence posts shall be fifteen
[feet] (15'). The fence posts must not sway more than six inches (6")
when tested by an animal control officer. Trees may not be used as
fence posts.
(5) Gates for small livestock enclosures shall be mounted on hinges to
a solid wall or fence post and stretch from the ground to at least
four feet (4') above the ground.
(A) Such a gate must connect with another fence post or wall in such
a manner that small livestock cannot pass through it.
(B) The gate itself must be constructed so that there is not an opening
in it larger than seven and one-half inches (7-1/2") by twelve inches
(12").
(C) Such gates must have a latch or chain attached capable of keeping
the gate closed when tested by an animal control officer.
(d) Enclosures for large livestock.
Any enclosure, pen,
corral or restrictive area for large livestock shall consist of a
fence.
(1) Such fence must have at least sixteen (16) gauge wire stretched tautly
between fence posts.
(2) Such a fence shall have at least four (4) strands of wire with one
strand one foot (1') above the ground and one strand at least four
feet (4') above the ground, with the two other strands uniformly spaced
between the top and bottom strands.
(3) The maximum distance between fence posts shall be fifteen feet (15').
The fence posts must not sway more than six (6) inches when tested
by an animal control officer. Trees may not be used as fence posts.
(4) Gates for large livestock shall be mounted on hinges to a solid wall
or fence and stretch from one foot (1') above the ground to at least
four feet (4') above the ground.
(A) Such a gate must connect to 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 there is not an opening in it large
enough for large livestock to pass through.
(B) Such gates must have a latch or chain attached capable of keeping
the gate closed when tested by an animal control officer.
(e) Enclosure for keeping small and large livestock together.
When small and large livestock are kept together, the standards for
small livestock must be met.
(f) Distance from human living quarters.
It shall be unlawful
for any person, firm or corporation to keep on premises under his
or its control, within the city limits, any small or large livestock
in such a manner that the livestock will be quartered closer than
one hundred and fifty feet (150') from any human living quarters,
other than the living quarters of the owner or keeper.
(g) Confinement of male equines.
Male equines, including
but not limited to horses, capable of breeding, will be confined in
such a manner that said animal will not be dangerous to human beings,
and all breeding shall be under the control of the owner or handler.
(Ordinance 2016-05-01, sec. 12,
adopted 5/3/16)
(a) Any
student wishing to house a livestock project in the city may do so
within the requirements of this section.
(b) Obtain
a student project permit by:
(1) Showing proof of participation in either FFA or 4-H and be a member
in good standing.
(2) Presenting a property layout of the premises where the animal will
be housed. No pen or enclosure shall be closer than 25 feet from any
adjoining property.
(3) Showing the number and types of animals to be housed.
(c) There
will be no more than two (2) large animal projects on a single tract
of land.
(d) There
will be no more than four (4) medium animal projects on a single tract
of land.
(e) There
will be no more than twelve (12) small animal projects on a single
tract of land.
(f) At
which time the student is no longer a member in good standing with
the above-mentioned organizations they have thirty (30) days in which
to remove the animal or animals from the premises.
(g) Student
project permits shall be restricted to premises of one (1) acre or
larger.
(h) Except
where modified herein, all other sections of this chapter must be
followed.
(Ordinance 2016-05-01, sec. 13,
adopted 5/3/16)
Except for exotic birds not raised, kept or harbored for commercial
purposes, it shall be unlawful for any person, firm or corporation
to maintain, own or control any premises within the city limits where
more than an aggregate of twelve (12) fowl are kept or harbored on
any lot in city. Provided further, however, that not more than one-fourth
(1/4) of the maximum allowable number of such animals may be of the
male species.
(Ordinance 2016-05-01, sec. 14,
adopted 5/3/16)
(a) The
owner or person in possession of animals shall keep yards, pens and
enclosures in which such animals are confined in such a manner 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 to endanger the public
health or safety, or create a public nuisance.
(b) All
persons keeping such animals shall comply with the following regulations:
(1) Manure and droppings shall be removed from pens, stables, yards,
cages and other enclosures as necessary to maintain sanitary conditions
and handled or disposed of in such manner as to keep the premises
free of any nuisances.
(2) Mound storage of droppings or manure between such removals shall
be permitted only under such conditions as to protect against the
breeding of flies and to prevent the migration of fly larvae (maggots)
into the surrounding soil.
(3) The feeding of vegetables, meat scraps or garbage shall be done only
in impervious containers or on an impervious platform.
(4) Watering troughs or tanks shall be provided [and] they are [shall
be] equipped with adequate facilities for draining the overflow so
as to prevent the breeding of flies, mosquitoes and other insects.
(5) No putrescible material shall be allowed to accumulate on the premises,
and all such material used to feed that is unconsumed shall be removed
and disposed of by burial or other sanitary means.
(6) Any pen or enclosure shall be maintained in such a manner as to be
not less than fifty feet (50') from any adjoining residentially zoned
property.
(Ordinance 2016-05-01, sec. 15,
adopted 5/3/16)
(a) The
following are established as guidelines for pet and animal care and
not intended to contravene with the provisions for animal cruelty
as contained in the Texas Penal Code.
(b) No
owner shall fail to provide his animal(s) with sufficient good, wholesome
food and water, proper shelter and protection from the weather, veterinary
care when needed to prevent suffering, and humane care and treatment.
(c) No
person shall beat, cruelly ill-treat, torment, overload, overwork
or otherwise abuse an animal, or cause, instigate or permit any dogfight,
cockfight, bullfight, or other combat between animals or between animals
and humans.
(d) No
owner of an animal shall abandon such animal.
(e) 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 and located, such
operator shall at once report the accident to the appropriate law
enforcement agency.
(f) The
use of steel jaw traps shall be prohibited.
(Ordinance 2016-05-01, sec. 16,
adopted 5/3/16)