In this chapter, the following words and terms shall have the
following meaning, unless the context indicates otherwise:
The dumping, deserting, or leaving of any animal on public
or private property with the intent of terminating any further responsibility
for the animal; or failing to properly redeem any animal impounded
or quarantined by the city.
The purchase of a dog or cat from the city for pet purposes.
Any living creature, including, but not limited to, dogs,
cats, cows, horses, birds, fish, mammals, reptiles, insects, fowls,
and livestock, but specifically excluding human beings.
The chief of police or person(s) designated by the chief
of police to represent and act for the city to enforce the provisions
of this chapter.
A domesticated animal that is a member of the Felidae (feline)
family, but does not include a lion, tiger, bobcat, jaguar, panther,
leopard, cougar, or other wild animal of this family or hybrids.
Any collar constructed of nylon, leather, or similar material,
specifically designed to be used for a dog.
A dog that:
Makes an unprovoked attack which causes bodily injury to a person,
and where the attack occurred in a place other than the dog’s
enclosure, which was reasonably certain to prevent the dog from escaping
on its own;
Commits an unprovoked act which causes a person to reasonably
believe that the dog will attack and cause bodily injury to that person,
and where the unprovoked act occurred in a place other than the dog’s
enclosure, which was reasonably certain to prevent the dog from escaping
on its own; or
Without provocation, has attacked and bitten another animal
on one (1) previous occasion.
A domesticated animal that is a member of the Canidae (canine)
family, but does not include a wolf, jackal, fox or other wild animal
of this family or hybrids.
Using a chain, rope, tether, leash, cable, or other device
to attach a dog to a stationary object or trolley system.
A domestic member of the family Mustilidae, specifically
Mustela putorius furo.
Chickens, turkeys, pheasants, quail, geese, ducks, ostriches,
emus or similar feathered animals, regardless of age, sex or breed.
A dog which has been trained for the purpose of protecting
property by a guard dog company which is required to be licensed pursuant
to V.T.C.A., Occupations Code ch. 1702, as amended.
A product of the mating of two (2) different species of animals,
regardless of the number of generations born since the original mating.
A person licensed to practice veterinarian medicine.
Any horses, mules, donkeys, ponies, cattle, bulls, sheep,
goats, hogs, and pigs of any and all kinds, regardless of sex.
The person designated by the city council in accordance with
V.T.C.A., Health and Safety Code section 826.017.
Any member of the swine family which has, through selective
breeding, been genetically manipulated so as to attain a maximum height
of eighteen (18) inches at the shoulder and a maximum weight of sixty
(60) pounds.
Any person owning, possessing, harboring, keeping or sheltering
any animal. An animal shall be deemed to be harbored if it is fed
or sheltered for five (5) consecutive days or more.
Any individual, firm, partnership, association, corporation
or other legal entity.
Any animal, regardless of its state or duration of captivity,
which poses a potential physical or disease threat to the public or
which is protected by international, federal or state regulations,
including but not limited to the following:
Class Reptilia: Family Helodermatidea (venomous lizards); Family
Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers
and true vipers); Family Elapidae (coral snakes, cobras, mambas, and
other elapids); the following listed species of Family Colubridae
- Dispholidus typus (Boomslang), Hyrodynastes gigas (water cobra),
Boiga (mangrove snake), and Thelotornis (African twig snake) only;
Order Phidia, Family Boidae (racers, boas, water snakes, and pythons);
and Order Crocodilia (crocodiles, alligators, caimans, and gavials);
Class Aves: Order Falconiforms (such as hawks, eagles, and vultures);
Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus);
and Order Strigiforms (such as owls);
Class Mammalia: Order Carnivora, Family Felidae (such as ocelots,
margays, tigers, jaguars, leopards, and cougars), except commonly
accepted domesticated cats; Family Canidae (such as wolves, wolf-dog
hybrids, dingos, coyotes, and jackals), except domesticated dogs;
Family Mustelidae (such as weasels, skunks, martens, mink, and badgers),
except ferrets; Family Procyonidae (raccoon); Family Ursidae (such
as bears); Order Marsupialia (such as kangaroos and common opossums);
Order Edentata (such as sloths, anteaters, and armadillos); Order
Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees,
and gorillas); Order Rodentia (such as porcupines); and Order Ungulata
(such as antelope, deer, bison, and camels); and
Animals not listed: The animal control officer may declare any
species of animal not listed in this subsection as “prohibited”
if the confinement of the animal within the city can be shown to constitute
a threat to public health and safety.
With respect to a collar, a collar that measures the circumference
of a dog’s neck plus at least one inch.
A leash, lead, cord, rope, tether, cable, chain, or other
device that attaches a dog to a stationary object or trolley system,
and it may not come closer than fifteen (15) feet to a public walkway
or sidewalk when the restraint is stretched to full length.
An animal not completely confined by a building, wall, or
fence of sufficient strength or construction to restrain it, except
when such animal is either on a leash, or held in the hands of the
owner or keeper, or under direct supervision of the owner within the
limits of the owner’s private property. Any animal confined
within an automobile or other vehicle shall not be deemed running
at large.
A fenced area or structure that is:
Locked;
Capable of preventing the entry of the general public, including
children;
Capable of preventing the escape or release of a dog;
Clearly marked as containing a dangerous dog; and
In conformance with the requirements for enclosures established
by the animal control officer.
Any physical injury that involves a substantial risk of death,
disfigurement, or impairment of any part of the body, including but
not limited to a broken bone or a laceration requiring either multiple
stitches or cosmetic surgery.
Any action by an animal that is not:
An injection of the United States Department of Agriculture
approved rabies vaccine administered by a licensed veterinarian.
Any animal that has had on two (2) previous occasions without
provocation attacked or bitten any person or other animal, or any
animal which the animal control officer or a licensed veterinarian
has reason to believe has a dangerous disposition likely to be harmful
to humans or other animals.
Any animal except the common domestic species (dogs, cats,
horses, livestock, and other common farm animals), regardless of the
state or duration of captivity.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
The
chief of police may designate an employee(s) as animal control officer(s).
(b)
Enforcement
of this chapter and any state laws regulating animal control shall
be the responsibility of the chief of police or designated animal
control officer.
(c)
The
provisions of subchapter D, chapter 822 of the Texas Health and Safety
Code (V.T.C.A., Health and Safety Code section 822.041 et seq.), as
amended, are incorporated into this chapter, and the animal control
officer is hereby the animal control authority for purposes of administering
and enforcing that subchapter.
(e)
No
person shall interfere with any animal control officer or any authorized
representative in the performance of their duties.
(f)
Except
when required otherwise by state law, all fees and charges required
under this chapter shall be established by resolution of the city
council from time to time.
(Ordinance 499, sec. 1, adopted 3/9/09)
This chapter does not apply to a peace officer or person employed
by the state or a political subdivision of the state, or other governmental
agency, that trains or uses dogs for law enforcement or correction
purposes.
(Ordinance 499, sec. 1, adopted 3/9/09)
It shall be unlawful for an owner, regardless of their mental
state, to fail to keep the animal from running at large.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
It
shall be unlawful for an owner or person in control of an animal to
fail to keep the animal under restraint in a securely enclosed or
confined area and in a manner that will isolate the animal from the
public and other animals except for animals owned or under the control
of the owner.
(b)
It
shall be unlawful for an owner to fail or refuse to exercise diligent
care and control of his or her animal to prevent such animal from
becoming a public nuisance.
(c)
It
shall be unlawful for a person to use a chain, rope, tether, leash,
cable, or other device to attach a dog to a stationary object or trolley
system.
(d)
It is an affirmative defense to a violation of subsection (c) that the dog tethering:
(1)
Is during a lawful animal event, veterinary treatment, grooming,
training, or law enforcement activity;
(2)
Is required to protect the safety or welfare of a person or the dog,
and the dog’s owner maintains direct physical control of the
dog;
(3)
Occurs in a designated city dog park by direct physical control of
the owner; or
(e)
The affirmative defenses provided in subsection (d) are only available if the following specifications are met:
(1)
The chain, rope, tether, leash, cable, or other device is attached
to a properly fitted collar or harness worn by the dog;
(2)
The chain, rope, tether, leash, cable, or other device is not placed
directly around the dog’s neck;
(3)
The chain, rope, tether, leash, cable, or other device does not exceed
1/20th of the dog’s body weight;
(4)
The chain, rope, tether, leash, cable, or other device, by design
and placement, allows the dog a reasonable and unobstructed range
of motion without entanglement; and
(5)
The dog has access to adequate shelter and clean and wholesome water.
(f)
A
person commits an offense if the person fails to comply with this
section.
(1)
An offense under this section is a class C misdemeanor. If a person
fails to comply with this section with respect to more than one (1)
dog, the person’s conduct with respect to each dog constitutes
a separate offense.
(2)
An offense under this section is punishable by a fine not to exceed
two thousand dollars ($2,000.00).
(g)
This
section does not prohibit a person from walking a dog with a hand-held
leash.
(Ordinance 499, sec. 1, adopted 3/9/09)
The owner of a dog, cat or ferret shall have the animal vaccinated
against rabies by a licensed veterinarian by the time the animal is
four (4) months of age. The animal must receive a booster within the
twelve (12) month interval following the initial vaccination. Every
animal must be re-vaccinated against rabies at least once every three
(3) years based on the type of vaccine administered by the veterinarian.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
The
owner of a dog, cat, or ferret four (4) months of age or older shall
register the animal with the city. The submission of a current rabies
vaccination certificate and payment of the applicable license fee
as established by resolution of the city council shall be made to
the city. The rabies vaccination certificate shall include the name
and address of the applicant, a description of the animal, and proof
of a current rabies vaccination. Upon receipt of a rabies vaccination
certificate that meets the criteria of this section and state law
and payment of the applicable license fee, a city license tag shall
be issued, which shall bear an identifying number for the animal.
The license tag shall be securely attached to the collar or harness
of the animal and worn at all times.
(b)
A
person commits an offense, without regard to mental state, if the
person owns, keeps, or harbors a dog, cat, or ferret over four (4)
months of age without having such animal currently licensed by the
city.
(c)
A
person commits an offense, without regard to mental state, if the
person owns, keeps, or harbors a dog, cat, or ferret required to be
licensed by this section and fails to display on the animal at all
times a valid city license tag.
(d)
A
person commits an offense, without regard to mental state, if the
person owns, keeps, or harbors a dog, cat, or ferret and displays
on the animal a city license tag issued to another animal.
(e)
A
person commits an offense, regardless of their mental state, if the
person owns, keeps, or harbors more than three (3) domestic animals
(of the same species) over six (6) months of age.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
The
animal control officer may deny or revoke registration for an animal
owned by a person who has been convicted of:
(b)
If
the animal control officer revokes or denies registration of a dog
or cat, a written notice of the action and of the right to an appeal
shall be given to the owner. The owner may appeal the decision of
the animal control officer to the municipal court. The filing of a
request for an appeal hearing stays an action of the animal control
officer in revoking or denying the registration until the municipal
court makes a final decision.
(c)
The
denial or revocation of registration may be appealed by filing with
the animal control officer a written request for hearing within ten
(10) days after notification of the denial or revocation. If written
request for an appeal is not timely made, the denial or revocation
is final. The municipal court may consider evidence offered by any
interested person. The formal rules of evidence do not apply. The
municipal court shall make its decision on the basis of a preponderance
of the evidence presented at the hearing. The municipal court should
conduct a hearing and render a decision within fifteen (15) days after
the request for an appeal is filed or as soon thereafter as practicable.
The municipal court may affirm or reverse the denial or revocation.
The decision of the municipal court shall be sent to the owner of
the affected animal. The decision of the municipal court is final.
(d)
Within
fifteen (15) calendar days after receipt of a notice of revocation
or denial of registration, or after a final decision of the municipal
court if an appeal is filed, a dog or cat owner shall remove the affected
animal from the city limits. The animal control officer or the municipal
court may extend the fifteen (15) day removal period for an additional
fifteen (15) calendar days. The owner shall provide the animal control
officer with a sworn statement confirming the removal of the animal.
(e)
A
person commits an offense, without regard to mental state, if the
person owns, keeps, or harbors a dog or cat within the city during
a period when registration for the animal has been revoked or denied,
or fails to remove a dog or cat when required by this section.
(Ordinance 499, sec. 1, adopted 3/9/09)
All guard dogs shall be registered annually with the animal
control officer prior to use as guard dogs. The city license tag for
a guard dog shall be securely attached to the collar or harness on
the animal and worn at all times. Guard dogs shall be restrained by
a chain or leash not exceeding six (6) feet in length and humanely
muzzled when off the premises where used.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
Any
animal that has rabies or symptoms which could reasonably indicate
rabies or that bites, scratches or otherwise creates a condition which
may expose or transmit the rabies virus to a human being shall be
impounded immediately. Upon notification, the owner shall surrender
the animal to the animal control officer for quarantine at the city’s
designated animal shelter, or with approval from the animal control
officer deliver the animal to a state-approved veterinarian quarantine
facility for quarantine at the owner’s expense. Quarantine shall
be for a minimum of ten (10) days beginning on the date the incident
occurred or longer as the animal control officer may deem necessary.
Animal quarantine shall be in accordance with any applicable rules
and regulations adopted by the department of state health services.
(b)
Quarantine
shall be subject to the following conditions:
(1)
The quarantined animal showing clinical signs of rabies shall be
immediately destroyed and the head or brain submitted to the nearest
department of state health services laboratory for testing.
(2)
The animal placed in quarantine shall not be released without prior
notification to and written approval from the animal control officer.
(3)
Home quarantine at the residence of the owner, if approved by the
animal control officer, must satisfy the following conditions:
(A)
Secure facilities are available and approved by the animal control
officer.
(B)
The animal is currently vaccinated against rabies.
(C)
A licensed veterinarian must observe the animal on the first and
last days of the quarantine period.
(D)
The owner of the animal shall notify the animal control officer if
the animal escapes, becomes or appears to become sick, or dies; and,
in case of death of the animal while under quarantine, shall immediately
surrender the dead animal to the animal control officer for diagnostic
purposes.
(E)
The animal was not running at large at the time of the incident.
(F)
The animal is isolated from all other animals and human beings other
than the individual(s) who own the animal.
(c)
A
person who knows of an animal bite or scratch to an individual that
the person could reasonably foresee as capable of transmitting rabies,
or who knows of an animal that the person suspects is rabid, shall
report the incident or animal to the animal control officer. The report
shall include the name and address of the victim and the owner of
the animal, and any other information relating to the incident or
animal.
(d)
The
owner shall submit for quarantine an animal that:
(e)
When
submitted for quarantine, the owner shall provide the name, address
and any other relevant information about the animal.
(f)
The
owner of a quarantined animal shall pay all reasonable costs of the
quarantine and disposition of the animal, including charges for shipment
of animal tissues, if required, to the department of state health
services laboratory for testing.
(g)
An
animal that has been quarantined may be released by the animal control
officer after a licensed veterinarian determines that the quarantined
animal does not show clinical signs of rabies and under the following
conditions:
(h)
It
shall be unlawful for any person to interrupt the observation period
or otherwise interfere with quarantine.
(i)
It
shall be unlawful for any person to destroy or remove from the city
any animal that has bitten a person or other animal or that has been
placed under quarantine, except when necessary to protect the life
of any person or other animal or otherwise approved by the animal
control officer.
(j)
The
carcass of a dead animal exposed to rabies or suspected of having
been rabid shall, upon demand, be surrendered to the animal control
officer.
(k)
Wild
animals shall not be placed in quarantine. Wild animals shall be humanely
destroyed in such a manner the brain is not mutilated. The brain will
then be submitted to a department of state health services laboratory
for testing.
(l)
No
person shall fail or refuse to surrender an animal for quarantine
or for destruction when ordered by the animal control officer.
(Ordinance 499, sec. 1, adopted 3/9/09)
The following shall be considered a public nuisance and shall
be unlawful:
(1)
The
keeping of an animal in such a manner as to endanger the public health
by the accumulation of animal waste which causes foul and offensive
odors considered to be a hazard to other animals or human beings.
(2)
To
permit or allow an animal to defecate upon private or public property
other than the property of the owner of said animal, and to fail to
remove and dispose of in a sanitary manner any feces left by such
animal.
(3)
Property
not kept free from carrion or other putrescible material.
(4)
The
keeping of bees in such a manner as to deny the lawful use of adjacent
property or endanger the health and safety of others.
(5)
The
keeping of any animal which causes loud and unusual barking, howling
or other noise that disturbs the peace and quiet of any person of
ordinary sensibilities.
(6)
Persistent
laxness in cat supervision so that their running at large results
in an unreasonable disturbance to a person or persons.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
It
shall be unlawful to own, possess, keep or harbor any wild, wild-hybrid,
or prohibited animal within the city.
(c)
A
permit for possession of a prohibited animal may be issued to:
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
Nuisance declared.
It is hereby declared to be a public
nuisance that an owner harbors, keeps or maintains a dangerous dog
in the city unless the owner complies with the requirements of this
section and state statutes regulating dangerous dogs.
(b)
Requirements for owner.
(1)
Not later than the thirtieth (13) [sic] day after a person learns
that the person is the owner of a dangerous dog, the person shall:
(A)
Register the dangerous dog with the animal control officer;
(B)
Provide animal control with two (2) colored pictures of the animal
and have the animal microchipped;
(C)
Restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure;
(D)
Obtain liability insurance coverage or show financial responsibility
in an amount of at least one hundred thousand dollars ($100,000.00)
to cover damages resulting from an attack by the dangerous dog causing
bodily injury to a person.
(2)
For purposes of this section, a person learns that the person is
the owner of a dangerous dog when:
(3)
If a person reports an incident described in the definition of “dangerous
dog,” the animal control officer may investigate the incident.
After receiving sworn statements of any witnesses, the animal control
supervisor shall determine whether the dog is a dangerous dog and
shall notify the owner of that determination.
(4)
The owner, not later than the fifteenth day after the date the owner
is notified that a dog owned by the owner is a dangerous dog, may
appeal the determination of the animal control officer to the municipal
court. The owner shall confine the dog during the pendency of an appeal
in a manner satisfactory to the animal control officer. An owner may
appeal a decision of the municipal court in the same manner as appeal
for other civil cases. The determination of the animal control officer
is final if the owner does not timely appeal.
(5)
The animal control officer shall provide written notice of the date,
time and location of the hearing to the owner of the dangerous dog
and to any complainant, either in person or by certified mail, return
receipt requested. At the hearing, all interested persons shall be
given the opportunity to be heard.
(c)
Registration.
(1)
The animal control officer shall annually register a dangerous dog
if the owner:
(A)
Presents:
(i)
Proof of liability insurance or financial responsibility in
an amount of at least one hundred thousand dollars ($100,000.00) to
cover damages resulting from an attack by the dangerous dog causing
bodily injury to a person.
(ii)
Proof of current rabies vaccination of the dangerous dog.
(iii)
Proof of a secure enclosure in which the dangerous dog will
be kept.
(B)
Pays an annual registration fee established by resolution of the
city council from time to time.
(C)
Provides two (2) color identification photographs of at least three
(3) inches by three (3) inches of each dangerous dog with one (1)
photograph showing the frontal view and the other photograph showing
the side view of each dog.
(D)
Provides the name, general description, including sex, weight, color,
predominate breed, height and length and any other discernible features
of the dangerous dog.
(2)
The animal control officer shall provide to the owner registering
a dangerous dog a registration tag, which shall be placed and maintained
on the dog’s collar at all times.
(3)
If the owner of a dangerous dog sells or moves the dog to a new address,
the owner, not later than the fourteenth day after the date of sale
or move, shall notify the animal control authority for the area in
which the new address is located. If the dangerous dog has been sold
or given away, the former owner shall provide the animal control officer
with the name, address and telephone number of the new owner. If the
new owner resides in the city or if the animal is kept in the city,
the animal control officer shall notify the new owner in person or
by certified mail, return receipt requested, that a determination
has been made that the dog is dangerous and provide the new owner
with a copy of the requirements for the owner of a dangerous dog.
It shall be unlawful for the new owner to fail to comply with such
requirements.
(4)
The owner of a registered dangerous dog shall immediately notify
the animal control officer if the dangerous dog is running at large,
has bitten or attacked a human being or another animal, has died,
or has been sold or given away.
(d)
Attack by dangerous dog.
(1)
A person commits an offense if the person is the owner of a dangerous
dog and the dog makes an unprovoked attack on a person or another
animal outside the dog’s enclosure and causes bodily injury
to a person or another animal.
(2)
An offense under this subsection is a class C misdemeanor.
(3)
If a person is found guilty of an offense under this section, the
court which hears the case may order the dangerous animal destroyed
by a licensed veterinarian or a person authorized by state law.
(e)
Violations.
A person who owns or keeps custody or control
of a dangerous dog commits an offense if the person fails to comply
with any requirements for ownership of a dangerous dog. An offense
under this subsection is a class C misdemeanor. If the owner of any
dog determined to be dangerous under this section fails or refuses
to comply with the requirements of this section, the dog shall be
seized by the animal control officer and humanely destroyed.
(f)
Defenses.
(1)
It is a defense to prosecution under subsection (d) or (e) of this section that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or a person employed by the state or a political subdivision of the state to deal with stray animals, and has temporary ownership, custody and control of the dangerous dog in connection with that position.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
Any
animal confined in an animal trap belonging to the city shall be considered
immediately impounded.
(b)
It
shall be unlawful for any person to maliciously or willfully remove,
steal, or tamper with all or any part of an animal trap belonging
to the city.
(c)
It
shall be unlawful for any person to release an animal from a trap
belonging to the city or take the animal from the trap without authority.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
Swine prohibited.
It shall be unlawful for any person
to keep any swine within the city.
(b)
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-fourth (1/4) of an acre for each cow or horse kept,
or keep more of said animals than can be cared for under sanitary
conditions. The total number of cows or horses permitted shall not
exceed one (1) adult per one-fourth (1/4) acre for the first acre,
and two (2) adults per acre for each additional acre of a single tract
of land.
(c)
Enclosures generally.
Livestock pens, stables, corrals,
or enclosures shall be capable of preventing the escape of the livestock.
(d)
Location of enclosures.
(1)
It shall be unlawful for any person to keep any horse, cow, cattle,
sheep or goat or any other livestock within fifty (50) feet of any
residence or occupied building.
(2)
Any enclosure, pen, corral, or other restrictive area for livestock
may not be located within ten (10) feet of any industrially, commercially,
or residentially zoned property or any property used for residential
purposes.
(e)
Fowl.
It shall be unlawful for any person to keep any
fowl, such as chickens, ducks, turkeys, geese, pigeons or guineas,
except when the same are kept more than fifty (50) feet from any property
line.
(f)
Selling or displaying animals in certain places prohibited.
It shall be unlawful for any person to sell, trade, barter,
lease, rent, give away or display for any purpose any live animal
on any roadside, public right-of-way, commercial parking lot or flea
market.
(g)
Defenses.
It is a defense to prosecution under this
section that the person is:
(1)
A veterinarian, a peace officer, a person employed by a recognized
animal shelter or a person employed by the state or a political subdivision
of the state to deal with animals, and has temporary ownership, custody
and control of the animal in connection with that position.
(2)
Keeping livestock or fowl on a tract of land owned by a public or
private school containing a minimum of ten (10) acres, and the keeping
of livestock or fowl is considered to be for educational purposes.
(Ordinance 499, sec. 1, adopted 3/9/09; Ordinance 601 adopted 1/14/19)
The owner or person who has custody or control of any animal
shall comply with the following standards:
(1)
All
manure and other animal waste shall be removed from pens, corrals,
cages, yards, or other enclosures twice a week to an approved disposal
site;
(2)
Food
shall be placed in impervious containers on impervious surfaces;
(3)
Refuse
on the premises shall be removed and disposed of by means approved
by the animal control officer;
(4)
Watering
troughs or tanks shall be equipped with adequate facility for draining
the overflow so as to prevent breeding of flies, mosquitoes or other
insects;
(5)
No
putrid material shall be allowed to accumulate on the premises, and
all such material used to feed which is unconsumed shall be removed
and disposed of by sanitary means.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
The
owner or person who has custody or control of any animal shall provide:
(1)
Sufficient nutritious and wholesome food, served to the animal in
clean containers, to maintain the animal in good health;
(2)
Clean and wholesome water, served to the animal in a clean container,
such water to be available to the animal at all times;
(3)
Adequate shelter and protection from the weather at all times; and
(4)
Veterinarian care as needed to prevent suffering.
(b)
It
shall be unlawful for an owner or other person having custody or control
of any animal to abandon such animal.
(c)
No
person other than a licensed veterinarian shall crop a dog’s
ears.
(d)
The
operator of any motor vehicle which strikes or injures a domesticated
animal shall stop and immediately render aid and report such incident
to the animal control officer and the police.
(e)
It
shall be unlawful for any person to beat, starve or overwork or to
otherwise abuse any animal.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
The
following animals may be impounded:
(1)
Cats, dogs, or ferrets not exhibiting evidence of vaccination or
registration.
(2)
Any animal kept under conditions which can endanger the public or
animal health.
(3)
Any animal that has rabies or symptoms thereof or that a person could
reasonably suspect of having rabies or that bites, scratches or otherwise
creates a condition which may have exposed or transmitted the rabies
virus to any human being or animal, or that requires observation for
rabies as determined by the animal control officer.
(4)
Any animal other than a cat running at large, except that a cat may also be impounded pursuant to section 2.01.011(6) of this chapter.
(5)
Any animal treated in a manner determined to be in violation of V.T.C.A.,
Penal Code section 42.09, as amended.
(6)
Any animal in violation of any provision of this chapter.
(7)
Any animal reasonably suspected of having inflicted bodily harm on
any human being or animal that poses a threat to public safety or
constitutes a public nuisance.
(8)
Any prohibited animal.
(b)
If
any animal is found on the premises of any person, that person may
confine such animal in a humane manner until the animal control officer
impounds such animal. When so notified, it shall be the duty of the
animal control officer to have such animal impounded.
(c)
The
chief of police shall select and establish facilities in the city
for the impoundment, quarantine, maintenance, and destruction of animals.
(d)
Reasonable
effort shall be made by the animal control officer to contact the
owner of any animal impounded which is wearing a current registration
tag.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
The
owner may redeem an impounded animal upon payment of all applicable
impoundment fees, handling fees, and any veterinarian bills or other
cost incurred by the city for the impoundment, care and welfare of
the animal and upon proof of compliance with the vaccination/registration
requirements of this chapter. Any animal being held under quarantine
or observation for rabies shall not be redeemed until released from
quarantine.
(b)
Impounded
animals shall be held for three (3) days after the date of impoundment.
If the owner of an impounded animal does not redeem it within the
period of impoundment, disposition will be in accordance with this
chapter.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
Except
as provided herein, any animal not redeemed within the above-stated
time periods after impoundment, or release from quarantine, shall
become the property of the city and shall at the direction of the
animal control officer be placed for adoption, transferred to a bona
fide humane society or humanely destroyed.
(b)
Disposition
of animals impounded on the grounds of cruel or inhumane treatment
shall be determined by a court of competent jurisdiction.
(c)
Any
nursing baby animal impounded without the mother or where the mother
cannot or refuses to provide care for the baby may be immediately
destroyed to prevent further suffering. Any impounded animal that
appears to be suffering from extreme injury or illness may be immediately
destroyed to prevent further suffering.
(d)
Any
owner who no longer wishes responsibility for an animal or believes
the animal to be ill or injured may sign a written waiver supplied
by the animal control officer allowing the animal to be immediately
destroyed by the city. The owner of such animal shall be charged a
fee for this service.
(Ordinance 499, sec. 1, adopted 3/9/09)
(a)
A
person may adopt a dog and/or cat from the city animal shelter facility
that has been classified as adoptable. Any animal adopted must be
vaccinated within five (5) days after adoption or by the time the
animal reaches the age of four (4) months.
(b)
The
animal control officer may refuse to allow a person to adopt an animal
who he has reason to believe:
(Ordinance 499, sec. 1, adopted 3/9/09)
