When used in this chapter, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows:
Animal control officer.
A person designated by the city administrator or police chief to receive reports of animal bites, investigate bite reports, ensure quarantine of possibly rabid animals, removal of dead animals and otherwise carry out provisions of state law pertaining to controlled eradication of rabies.
Cat.
Any live or dead cat (Felis catus).
Currently vaccinated.
Vaccinated and satisfying the following criteria:
(1) 
The animal must have been vaccinated against rabies by four months of age.
(2) 
Not more than twelve (12) months have elapsed since the most recent vaccination.
(3) 
The dog or cat must have been revaccinated against rabies at a minimum of once every three years.
Dangerous dog.
As defined in V.T.C.A., Health and Safety Code, section 822.041.
Dog.
Any live or dead dog (Canis familiaris).
Domestic animal.
Includes all species of animals commonly and universally accepted as being domesticated.
Harboring.
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 ten (10) days.
Kennel.
Kennels are prohibited within the city limits.
(1) 
Any building, lot, or premises where four (4) or more dogs or cats (at least eight (8) weeks of age) are kept. This shall not include residentially zoned premises or premises which are used for residential purposes, at which the occupant is keeping his or her own dogs or cats; and
(2) 
Any building, lot, or premises where dogs or cats are housed or accepted for boarding, for which remuneration is received.
Local rabies control authority.
The person designated by the city council as the local health authority who has the duties as described in V.T.C.A., Health and Safety Code, section 826.017(c).
Owner.
Any person, firm or corporation who has right of property in an animal or who harbors an animal or allows an animal to remain about his premises for a period of ten (10) days.
Pet animal.
Includes dogs, cats, rabbits, rodents, birds, reptiles, and any other species of animal which is sold or retained as a household pet, but shall not include miniature swine, skunks, primates or any other species of wild, exotic or carnivorous animal that may be further restricted in this chapter.
Running at-large.
Animals not under the immediate personal supervision and command of the owner or handler, or not completely confined on the owner’s or handler’s personal property.
Stray animal.
Any animal for which there is not an identifiable owner or the animal does not have an identifiable collar, tag or data chip under its skin or any such means of identification.
Swine.
Any member of the swine family.
Vaccinated.
Properly injected with necessary vaccines licensed for use in that species by the United States Department of Agriculture or by the state and administered by a veterinarian licensed to practice in the state.
Vicious animal.
Any individual animal of any species that has, on one previous occasion, without provocation, attacked or bitten any person or other animal, or an individual animal which the local health authority has reason to believe has a dangerous disposition, or any species of animal which the local health authority has reason to believe has a disposition likely to be harmful to humans or other animals. This includes any dangerous dog not currently in compliance with state laws.
Wild animal.
Includes any mammal, amphibian, reptile, or fowl, which is of a species, which is wild by nature, and of a species, which due to size, vicious nature, or other characteristic, is dangerous to human beings. Such animals shall include, but not be limited to, deer, lions, tigers, leopards, panthers, bears, wolves, raccoons, skunks, apes, gorillas, monkeys, foxes, elephants, rhinoceroses, alligators, crocodiles and all forms of poisonous reptiles. The term “wild animal” as used in this code shall not include gerbils, hamsters, guinea pigs, mice or rabbits.
(Ordinance 421 adopted 11/14/17)
Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon final conviction thereof fined as provided in section 1.01.009 of this code. Each day any such violation shall be allowed to continue shall constitute a separate violation and be punishable hereunder.
(Ordinance 198, sec. 16, adopted 2/11/03)
(a) 
Enforcement of this chapter shall be the responsibility of the police department.
(b) 
The animal control officer shall have the authority to issue citations for any violation of this chapter.
(c) 
If the person being cited is not present, the police or the animal control 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 city animal control officer in the performance of his or her duties.
(Ordinance adopting 2012 Code)
No owner shall have within the city any dog or cat four (4) months of age or older unless such dog or cat is currently registered with the animal control officer. A current official registration tag issued by animal control, or a veterinarian authorized by the animal control officer to issue the tag, must be affixed to a collar or harness that must be worn by the dog or cat at all times. No dog or cat shall be registered until it has a current vaccination.
(1) 
Application of each registration must be made by the owner in writing or in person, and be accompanied by a fee outlined in the city fee schedule, unless the cat or dog being registered has been neutered or spayed and proof of such surgical sterilization can be shown to the animal control officer or a veterinarian authorized to issue such registration, and then the registration fee will be as outlined in the city fee schedule. If the original current registration certificate is lost or destroyed, the owner may obtain a duplicate registration from the animal control officer by paying a fee as outlined in the fee schedule.
(2) 
Registration and/or vaccination certificates (and tags) shall be valid only for the animal for which originally issued.
(3) 
If there is a change in ownership of a registered dog or cat, the new owner shall have the registration transferred to his name. There shall be no charge for said transfer. Application for such transfer shall be made to the animal control officer in writing or in person.
(4) 
Fee-exempt registrations may be issued for the following:
(A) 
Police department dogs;
(B) 
Dogs trained and certified to assist auditory or visually impaired person(s), or the handicapped; and
(C) 
Licensed guard dog.
Eligibility for fee-exempt registration does not relieve the owner of his responsibility under other provisions of this chapter.
(5) 
No household will be allowed to register or keep more than three (3) dogs or three (3) cats, or a combination thereof totaling three (3).
(6) 
Puppies or kittens are allowed to be kept until nine (9) weeks after birth. After nine (9) weeks of age, the limitations provided in the preceding subsection will apply.
(Ordinance 351, sec. 1, adopted 11/13/12)
(a) 
It shall be unlawful for any animal possessed, kept, or harbored, other than a cat, to run at-large. Animals must remain under the immediate personal command and supervision of the owner or handler. Animals must be kept on a leash that is less than 10 feet in length, or under the direct physical control of the owner or handler; except when such animal is either:
(1) 
Completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal under direct supervision of the owner and the animal is properly registered, if required in section 2.01.004 of this chapter;
(2) 
Held in the hands of the owner or handler if small enough to sufficiently control the animal;
(3) 
Temporarily in an automobile or other vehicle that provides adequate restraint and a safe and humane environment for the animal; or
(4) 
In any designated off-leash city parks or recreational areas. Provided the animal remains under the immediate personal supervision and command of the owner or handler, while in off-leash areas. If a police officer or city worker ask the animal to be secured, the owner or handler must restrain the animal either via a leash or physically hold the animal.
(b) 
The animal control officer is authorized to impound such animals running at-large, and may impound a cat under conditions specified in section 2.03.001 of this chapter, or when a complaint is received that the cat has caused a nuisance or hazard to the health or welfare of the human or animal population.
(Ordinance 421 adopted 11/14/17)
(a) 
The following acts are hereby declared to be nuisances and constitute violations of this chapter:
(1) 
The keeping of any animal which, by causing frequent or long-continued barking, crying, or noise, shall disturb any person of ordinary sensibilities in the vicinity.
(2) 
The keeping of any animal in such a manner as to endanger the public health, or to annoy neighbors by the accumulation of animal wastes which cause odors which are foul and offensive to persons of ordinary sensibilities, or are considered to be a hazard to any other animal or human being, or by continued presence on the premises of another.
(3) 
Persistent laxness in supervision of cats so that their running at-large results in disturbance to persons of ordinary sensibilities.
(4) 
It shall be unlawful to keep or permit to be kept any stable, stall, shed or apartment, or any yard or appurtenance thereof, in which any horse, cattle, cow, or any other animal shall be kept or any other place within the city in which manure or liquid discharges of such animals shall collect or accumulate in an unclean and unsanitary condition which allows offensive smells to escape therefrom; provided that nothing in this section shall be so construed as to include manure deposits upon any private property for the purpose of cultivating same, when such deposits are maintained so as to prevent the breeding of flies.
(5) 
It shall be unlawful to keep, possess or maintain any horse, donkey, mule, or other animal of the equine family, or any cow, calf, steer or bull or other member of the bovine family, or any sheep, ram, ewe, or lamb, or any goat, billy, nanny, or kid, on any parcel of land unless such parcel of land shall have a minimum area of forty thousand (40,000) square feet for one (1) such animal and twenty thousand (20,000) additional square feet for each additional animal. It shall be unlawful to keep, possess or maintain any horse, mule, donkey, cow, calf, steer, bull, sheep, ram, ewe, lamb, goat, billy, nanny, or kid within one hundred (100) feet of any residence or building used for human habitation (other than that of the keeper or owner of such animal), any restaurant, cafe, or other public eating place or any church, school or hospital. If such animal is kept in or confined by any building or structure such as a stable, barn, shed, pen, or fence, such distance of 100 feet shall be measured in a straight line from the nearest point of such building or structure to the nearest point of such residence or building used for human habitation, restaurant, cafe, or other public eating place or church, school, or hospital.
(6) 
It shall be unlawful to keep, possess or maintain any combination on less than 1 acre, of any rabbit, pigeon, turkey, goose, duck, peafowl, or other fowl, in any pen, enclosure or other structure. Under no circumstances can the total count of any of the above combination of animals exceed 20, regardless of acreage. Any such animals shall not be within one hundred (100) feet of any residence or building used for human habitation (other than that of the keeper or owner of such animal or fowl), any restaurant, cafe or other public eating place, or any church, school or hospital. If such animal or fowl is kept or confined such distance of one hundred (100) feet shall be measured in a straight line from the nearest point of any pen, enclosure or other structure in which such fowl or animal is kept to the nearest point of such residence or building used for human habitation, restaurant, cafe or other public eating place, or church, school or hospital.
(7) 
It shall be unlawful to keep, possess or maintain more than 6 chickens in any pen, enclosure or other structure.
(b) 
All litter and droppings from any animal or fowl, referenced in the preceding subsection (a)(6) or (7), shall be collected daily in a container or receptacle of such type that when closed is ratproof and flytight, and after each collection such container or receptacle shall be kept closed and ratproof and flytight, and such keeper shall maintain such container or receptacle in such condition as to prevent the escape of odor from such litter or droppings; the litter or droppings collected shall be disposed of in such a way as not to permit fly breeding.
(Ordinance 453 adopted 10/8/19)
(a) 
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.
(b) 
It shall be unlawful to keep any wild animal inside the city.
(c) 
It shall be unlawful to release or to allow to run at-large any wild or vicious animal
(d) 
It shall be unlawful to keep any beehive in the city.
(e) 
It shall be unlawful to keep any swine in the city.
(f) 
It shall be unlawful to keep any rooster in the city.
(Ordinance 453 adopted 10/8/19)
(a) 
Any vicious animal found running at large may be destroyed by any peace officer or animal control officer in the interest of public safety.
(b) 
The animal control officer may order any owner or person having care, custody or control of any vicious animal to remove such animal permanently from the city. This animal must be removed immediately following receipt of such an order, even if an appeal is initiated. This order may be appealed in writing within ten (10) days to the municipal court judge. The judge may uphold, reverse or modify the animal control officer’s order, and may stipulate restrictions on the animal as a condition to allowing the animal to remain in the city. If the judge upholds the animal control officer’s order, the owner or person having care, custody or control shall not bring the animal back inside the city limits.
(c) 
If the owner or person having care, custody or control of a vicious animal fails to remove such animal as provided for in subsections (a) and (b) of this section, such animal may be impounded and/or destroyed.
(d) 
The owner or person having care, custody or control of a vicious 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) 
The animal control officer shall be authorized to obtain a search and seizure warrant if there is a reason to believe that an animal ordered removed from the city for being vicious has not been so removed.
(Ordinance 198, sec. 9, adopted 2/11/03)
Every owner or other person having care and control of any animal shall provide the following for each animal under his or her care and control:
(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.
(4) 
Veterinary care as needed to prevent suffering.
(Ordinance 198, sec. 12, adopted 2/11/03)
(a) 
An owner, harborer, or other person having care, custody, or control of a dog commits an offense if he knowingly permits or by insufficient control allows the dog to defecate in the city:
(1) 
On private property other than property owned, leased, or controlled by the owner, harborer, or person having care, custody, or control of the dog; or
(2) 
On public property or any other place to which the public or a substantial group of the public has access, including, but not limited to, a street, sidewalk, alley, park, or playground, or any common area of a school, hospital, apartment house, office building, transport facility, or shop.
(b) 
It is a defense to prosecution under subsection (a) that:
(1) 
The owner, harborer, or other person having care, custody, or control of the dog immediately and in a sanitary manner removed and disposed of, or caused the removal and disposal of, all feces deposited on the property by the dog;
(2) 
The dog was specially trained to assist a person with a disability and was in the care, custody, or control of that disabled person at the time it defecated on the property;
(3) 
The owner or person in control of the property had given prior consent for the dog to defecate on the property; or
(4) 
The dog was being used in official law enforcement activities.
(c) 
Any person other than a disabled person who has a dog on a leash shall have on his or her person a plastic bag for the purpose of picking up such dog’s feces. Such bag shall be presented upon request by any city officer or employee.
(d) 
A person who violates this section is guilty of an offense and, upon conviction, is punishable by a fine not to exceed:
(1) 
$10 for the first offense;
(2) 
$25 for the second offense; and
(3) 
$50 for the third and each subsequent offense.
(Ordinance 170 adopted 11/14/00)
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 2007 Code)
The keeping of dangerous wild animals shall be regulated in accordance with the provisions of V.T.C.A., Health and Safety Code, section 822.101 et seq.
(Ordinance adopting 2007 Code)