The purposes of this chapter are to promote the public health, safety, and general welfare of the citizens of the city and to ensure the humane treatment and welfare of animals by regulating the care and control of animals within the city.
(Ordinance 584, sec. 2, adopted 8/29/05)
When used in this chapter, the following words, terms, and phrases and their derivations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal.
Any live creature, both domestic and wild, except humans. “Animal” includes fowl, fish, and reptiles.
Animal control.
An animal control officer for the city and the city police department.
Animal control officer.
An employee or agent of the city, designated by the city manager to administer and enforce the licensing, inspection, and enforcement requirements contained within this chapter.
Animal hospital.
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of animal diseases and injuries.
Animal nuisance.
Any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal.
Animal shelter.
Any facility operated by the city for the temporary care, confinement and detention of animals and for the humane euthanasia and other disposition of animals. The term shall also include any private facility authorized by the city to impound, confine, detain, care for or destroy any animal.
At-large.
An animal is off the premises of the owner, and is not on a leash or other restraint under the immediate control of a person physically capable of restraining the animal or not restrained securely within an enclosure or fence capable of fully and totally securing the animal.
Cat.
Any member of the family Felis domestica.
Chief of police.
The chief of police of the city or his designee.
Cruelty.
Any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter, a sanitary and safe living environment, veterinary care or nutritious food in sufficient quantity.
Dangerous animal.
One that has made an unprovoked attack on a human being or another animal. A dangerous animal does not include guard or attack dogs as defined by this section, as long as such guard or attack dogs are restrained and confined in compliance with section 2.01.018 of this chapter.
Disposition.
Adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. “Disposition” includes placement or sale of an animal to the general public, or removal of animal from any pet shop to any other location.
Dog.
Any member of the family Canis familiaris.
Domestic animal.
Includes livestock, caged or penned fowl, pigeons, and normal household pets, such as, but not limited to, dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish, or small nonpoisonous reptiles or nonpoisonous snakes.
Exotic or wild animal.
Any live monkey, alligator, crocodile, cayman, raccoon, opossum, skunk, fox, wolf, sea mammal, bear, poisonous snake, nonhuman primate, prairie dogs, African servals, member of the feline species other than domestic cat (Felis domesticus), member of the canine species other than domestic dog (Canis familiaris) or any other animal that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or livestock. The term “exotic or wild animal” does not include domestic cats (excluding hybrids with ocelots or margays), domestic dogs (excluding hybrids with wolves, coyotes or jackals), farm animals, rodents, and captive-bred species of common cage birds.
Feral cat.
A cat that (1) is born in the wild or is the offspring of an owned or feral cat and is not socialized; or (2) is a formerly owned cat that has been abandoned and is no longer socialized.
Fowl.
Any goose, pheasant, chicken, prairie chicken, guinea, duck, turkey, and other normally undomesticated fowl.
Guard or attack dog.
A dog trained to attack on command or to protect persons or property, and who will cease to attack upon command.
Impoundment.
The taking into custody of an animal by any police officer, animal control officer, or any authorized representative thereof.
Livestock.
Any horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jenny, llama, all species of sheep, all species of goats, all species of cattle, or an emu, ostrich, or rhea. For purposes of this chapter, the term “livestock” does not include fowl, rabbits, or hares.
Muzzle.
A device constructed of strong, soft material designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
Owner.
Any person or persons, firm, association or corporation having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to any animal covered by this chapter. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days.
Public nuisance animal.
Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term “public nuisance animal” shall include, but not be limited to:
(1) 
Any animal that is found running at-large more than three times in a twelve-month period;
(2) 
Any dog in a park or public recreation area unless the dog is controlled by leash or similar physical restraint;
(3) 
Any animal that damages, soils, defiles, or defecates on any property other than that of its owner or unless allowed by the property owner;
(4) 
Any animal that makes disturbing noises, including but not limited to continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored. An animal shall be presumed to be a nuisance under this section if the animal’s owner has been notified by the person’s neighbors, the animal control officer, or any police officer of the disturbance and shall have refused for a period of 24 hours to correct the disturbance and prevent its recurrence;
(5) 
Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(6) 
Any animal in heat that is not confined so as to prevent attraction or contact with other animals;
(7) 
Any animal, whether or not on the property of its owner, that, without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;
(8) 
Any animal that attacks a domestic animal.
Residential lot.
A lot zoned for residential use upon which a structure is located that is occupied, or designed and intended for occupancy, as a residence by one or more persons.
Riding stable/school or academy.
A camp or school where horseback riding is taught on a regular basis for financial gain.
Sanitary.
A condition of good order and cleanliness to minimize the possibility of disease transmission.
Under restraint.
An animal is secured by a leash, or securely enclosed within the real property limits of the owner’s premises.
(Ordinance 819, sec. 1, adopted 6/12/17)
(a) 
Animal control officer.
The city manager shall appoint an animal control officer and such assistants as may be required to enforce this chapter. The animal control officer shall work under the supervision and direction of the city manager or his designee and shall be responsible to the city manager or his designee for the performance of the duties of the animal control officer.
(b) 
Local rabies control authority.
The supervisor of animal control is hereby designated as the local rabies control authority for the purposes of chapter 826, Health and Safety Code, V.T.C.A. (Rabies Control Act of 1982) and shall be responsible for performing duties and responsibilities provided therein.
(Ordinance 584, sec. 2, adopted 8/29/05)
(a) 
Enforcement duties.
Animal control officers or other designees of the chief of police shall be the enforcement officials for this chapter. These officials, along with police officers, shall have the authority to act on behalf of the city and animal control in investigating complaints, impounding and destroying animals, issuing citations, and taking other lawful actions as required for enforcing the provisions of this chapter.
(b) 
Interference with animal control officer.
It shall be unlawful for any person to interfere with any animal control officer or other enforcement official in the performance of his duties.
(c) 
Self-defense.
Upon attack by an animal, an animal control officer can defend himself or herself or a complainant, at his or her discretion, taking such means as he or she deems necessary in that situation.
(d) 
Entry on private property in pursuit of animal.
For purposes of discharging the duties imposed by this chapter, and to enforce the same, an animal control officer or other authorized representative may enter upon private property to the full extent permitted by law, which shall include but not be limited to entry upon private property when in pursuit of any animal which he or she has reason to believe is subject to impoundment pursuant to the provisions of this chapter or other applicable laws. An animal control officer shall have the right to pursue and apprehend an animal that is at-large by entering onto private property without first requesting permission from the owner of the property before entering the property or without obtaining a search warrant.
(e) 
Entry on private property for purpose of inspection.
(1) 
Whenever an animal control officer has reasonable cause to believe that there exists in any building or structure or upon any premises any violations of this chapter or other applicable law, the officer is hereby authorized to enter such property, to the extent permitted by law, at any reasonable time, and to perform any duty imposed upon the officer by this chapter or other applicable law; provided that, if such property be occupied, the officer shall first present proper credentials to the occupant and request to enter, explaining the reason therefor, and obtain permission from said occupant.
(2) 
Notwithstanding the foregoing, if the officer has reasonable cause to believe that the keeping or the maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall have the right to immediately enter and make such inspection, whether or not permission to inspect has been obtained. If the property is occupied, the officer shall first present proper credentials to the occupant and request entry, explaining the reasons therefor and the purpose of inspection.
(3) 
Whenever an animal control officer is denied admission to inspect any premises under this chapter and the officer cannot determine whether violations exist on the premises, the animal control officer is authorized to request a warrant for the inspection of the premises from the municipal judge, a magistrate, or justice court to enter and inspect the premises.
(Ordinance 584, sec. 2, adopted 8/29/05)
It shall be a violation of the chapter to:
(1) 
Fail to comply with any provision of this chapter;
(2) 
Fail to comply with any lawful order of animal control, an animal control officer, or a police officer unless such order is lawfully stayed or reversed.
(Ordinance 584, sec. 2, adopted 8/29/05)
(a) 
Per animal.
The schedule of fees and fines and removal deadlines shall be as provided in section A2.01.006 of the fee schedule in appendix A to this code.
(b) 
Any violation of this chapter without a specific penalty set out in subsection (a) of this section shall, upon conviction, carry a penalty by fine only not to exceed the amount specified in section 1.01.009 of this code. A person is guilty of a separate offense for each animal creating a violation hereof. A person is guilty of a separate offense for each additional day the person or animal is in violation of this chapter after written notice by or citation from the animal control officer.
(Ordinance adopting Code)
It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the city when the keeping of such animal constitutes a public nuisance or menace to public health or safety.
(Ordinance 584, sec. 2, adopted 8/29/05)
It shall be unlawful for anyone to own, harbor, maintain, have in their possession, have on their premises or under their control, or permit at-large any exotic or wild animal.
(Ordinance 812, sec. 2, adopted 12/19/16)
It shall be unlawful for any person to keep animals within the city of such a number that the animals constitute a public nuisance or menace to public health or safety or constitute cruelty to the animals. It shall be presumed to be unlawful to raise, own, or keep, on any residential lot, more than the following maximum number of animals:
(1) 
Four dogs and/or cats (four months of age or older).
(2) 
10 fowl.
(3) 
10 rabbits.
(Ordinance 819, sec. 2, adopted 6/12/17); Ordinance 900 adopted 2/10/2025
(a) 
Keeping generally; number of animals; enclosures.
It shall be unlawful for any person to keep livestock within the corporate limits of the city unless the livestock is being kept in accordance with the following restrictions:
(1) 
Livestock shall be kept on a parcel of land that is at least one-half (1/2) acre in size.
(2) 
There shall be no more than one unit (as defined below) of livestock for the first one-half acre of land. There shall be no more than one additional unit of livestock for each additional one-half acre of land in the same parcel. For the purpose of this subsection, units of livestock shall be defined as follows:
(A) 
The following types of livestock shall be counted as one head equals one unit: horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jenny, llama, and all species of cattle.
(B) 
The following types of livestock shall be counted as one head equals one-fifth of a unit: emu, ostrich, rhea, all species of sheep, and all species of goats.
(3) 
Livestock shall be enclosed with adequate fences or barriers that will prevent such livestock from damaging shrubbery or other property situated on adjacent property. Such fences or barriers shall be sufficient to prevent the livestock from escaping the enclosure.
(4) 
The owner keeping any livestock shall keep all yards, barns, pens, stables, sheds or other enclosures in which such animals are confined in such a manner so as not to give off odors offensive to persons of ordinary sensibilities in the immediate vicinity, or to breed or attract flies, mosquitoes or other noxious insects or rodents, or in any manner to endanger the public health, safety, or welfare, or to create a public nuisance. All yards, barns, pens, stables, sheds or other enclosures in which livestock is confined shall be of a size to allow said animals sufficient space to move freely and not endanger the health, safety, or welfare of the animal or animals. Barns, stables, corrals, sheds, pens or other similar structures or enclosures where livestock may be housed, fed, or confined shall not be located within 100 feet of any residence, business, or commercial establishment (other than the animal owner’s residence, business, or commercial establishment).
(5) 
Subsections (1) through (4) above shall not apply to a licensed veterinarian at the veterinarian’s place of business or a riding stable/school or academy.
(6) 
It shall be unlawful to tie or stake livestock on a public right-of-way.
(b) 
Livestock at-large.
It shall be unlawful for any livestock to be at-large off the property of the owner of the livestock. The owner of the livestock found to be at-large shall be responsible for the offense and no culpable mental state is required.
(c) 
Impoundment.
Animal control officers are authorized to impound all livestock in violation of subsections (a)(1) and (a)(2) above, subject to terms and conditions established throughout this chapter. Livestock will be held by a private contractor with the owner being responsible for all impound, transportation, boarding, feeding and any other expenses incurred in impounding the livestock. All fees and charges must be paid prior to release of the livestock.
(d) 
Authority to tranquilize or destroy animals.
To insure the public safety and to avoid serious accidents, any livestock that is in danger of getting on a public roadway will be tranquilized if possible or in extreme cases destroyed by police officers or animal control officers. If it is necessary to tranquilize or destroy livestock to prevent property damage or injuries, the city will not be liable for damages to the owners of said livestock.
(e) 
Swine.
It shall be unlawful and it is declared a nuisance for any person to own, keep, or harbor swine at any location within the city.
(Ordinance 584, sec. 2, adopted 8/29/05)
The following regulations shall govern the keeping of fowl and rabbits within the city:
(1) 
Any person owning or having control over fowl or rabbits shall keep said animals upon their own premises in such a manner that they cannot go upon public streets, highways, alleys, or parks in the city or upon the private property of others.
(2) 
No person shall own, maintain, or use any pen, stable or enclosure in which fowl or rabbits are kept in such a manner as to become offensive or an annoyance to any person in the vicinity thereof, nor shall they be so maintained or kept as to breed flies or in any manner cause injury to the health of the public or any person residing in the vicinity of the pen or enclosure. It shall be presumed to be a public nuisance to keep more than ten fowl or ten rabbits on any residential lot.
(3) 
It is unlawful for any person to keep, possess or maintain in the city any fowl or rabbits, or any pens, enclosures, or other structures in which any such fowl or rabbits are kept or possessed, within 25 feet of any habitable structure, the distance to be measured in a straight line from the nearest point of any pen, enclosures, or other such structure in which the fowl or rabbits are kept, to the nearest point of the habitable structure.
(Ordinance 819 adopted 6/12/17)
(a) 
Authorized; applicability.
Section 2.01.009(2) through (3), section 2.01.010(a)(1) through (4), and section 2.01.011 shall not apply to school-age children enrolled in a public or private school which offers Future Farmers of America (FFA) or enrolled in a 4-H Club program in which the participants are required or allowed to raise project animals for education, show or profit purposes as long as said children have a valid permit issued as below and in effect at the time.
(b) 
Permit.
(1) 
In order to qualify for the above exemption, the students are required to:
(A) 
Apply for an annual FFA/4-H project permit. The student, the student’s parent or guardian, and the student’s FFA/4-H teacher/instructor shall sign said application.
(B) 
Provide proof of enrollment in one of the listed programs.
(C) 
Provide proof that the animals being kept are an integral part of the student’s participation in one of the listed programs.
(D) 
Allow inspection by an animal control officer of the pens, cages, or other facilities and property on which the animals are to be kept before issuance of the permit and at any reasonable time requested thereafter.
(2) 
The city shall provide written notice of the application to each landowner within 150 feet of the premises identified on the permit application.
(3) 
A permit issued under this section shall be valid only upon the premises identified on the permit and is nontransferable to any other location or person.
(4) 
A permit issued under this section shall expire no later than 12 months from the date of issuance, no later than the day the qualifying person ceases to be an active member in good standing with the listed program or no later than the day said permit is revoked as provided below, whichever should occur first.
(5) 
The animal control officer shall submit the application and the written consents to the city manager. The animal control officer shall recommend that the city manager either approve or deny the application. The city manager shall consider the request and shall have the discretion to approve or deny the request. A person denied the permit may appeal said denial to the city council within 10 days of the city manager’s action.
(6) 
The animal control officer, with the consent of the city manager, may revoke a permit previously issued based on any one of the following:
(A) 
False information is provided on the application for the permit.
(B) 
Two or more convictions for violations of this chapter by the student or the student’s parent or guardian.
(C) 
If the animal control officer determines, in the officer’s sole judgment, that the animal(s) cannot be or are not being kept at the location in a manner which does not create a nuisance or public health hazard or otherwise violate any other provision of this chapter. In this regard, the animal control officer may consider citizen complaints regarding the animal.
(D) 
Graduation of the student from school or the student otherwise not being enrolled in good standing in the listed program.
(Ordinance 819 adopted 6/12/17)
(a) 
Basic care.
It shall be unlawful for the owner or custodian of any animal to refuse or fail to provide such animal with sufficient wholesome and nutritious food, potable water, veterinary care when needed to prevent suffering, grooming when lack thereof would adversely affect the health of the animal, and humane care and treatment, or to fail to provide adequate shelter. All pens, cages or other enclosures where animals are kept shall be securely built and maintained, be adequate in size for the kind and number of animals contained therein, contain adequate and appropriate bedding and be maintained in a sanitary condition; such enclosures shall be cleaned and maintained so as to not become offensive.
(b) 
Animals in parked vehicles.
It shall be unlawful to leave any animal in any standing or parked vehicle in such a way as to endanger the animal’s health or safety. Any animal control officer or police officer is authorized to use reasonable force, including the breaking of a side window, to remove an animal from a vehicle whenever it appears the animal’s health or safety is or soon will be endangered, and said neglected or endangered animal shall be impounded.
(c) 
Abandonment.
It shall be unlawful for any owner or custodian of any animal to willfully abandon such animal on any street, road, highway or public place, or on private property when not in the care of another person.
(d) 
Unsupervised animals.
If an animal control officer determines that an animal is without proper care because of the owner’s absence, injury, illness, incarceration or other voluntary or involuntary absence, the animal control officer may impound such animal until reclaimed by its owner. The owner is responsible for all costs associated with the impoundment and must pay all costs before the animal is released. If the owner does not reclaim the animal within 5 days from the date of impoundment, the animal shall become the property of the city.
(Ordinance 584, sec. 2, adopted 8/29/05)
(a) 
It shall be unlawful for any person, except a licensed veterinarian for humanitarian purposes, to administer poison to any animal, or knowingly leave any poisonous substance of any kind or ground glass in any place with the intent to injure any animal. A substance, such as antifreeze, is considered poisonous even if it is not labeled “poison” if the substance is poisonous to animals. The provisions of this section are not applicable to licensed exterminators using poisons as part of a pest control program or the use of commercial insecticides and rodent baits used to control insects and wild rodents.
(b) 
If any person is found guilty of having violated any part of this section, any license or permit held by such person under this chapter shall be automatically revoked in addition to possible criminal charges and fines.
(Ordinance 584, sec. 2, adopted 8/29/05)
(a) 
Removal of waste deposited on public property or property of another.
It shall be unlawful for any owner or custodian of any animal to cause or allow such animal to soil, defile or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners’ or condominium association, or upon private property other than that of the owner, unless such owner or custodian immediately removes and disposes of all feces deposited by such animal by the following methods:
(1) 
Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and
(2) 
Placement of such bag in an appropriate trash receptacle.
(b) 
Accumulation of waste matter.
It shall be unlawful for any person owning, harboring or keeping an animal within the city to permit any waste matter from the animal to collect and remain on the property of the owner or custodian, or on the property of others, so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner’s or custodian’s property or on abutting property of others.
(c) 
Excessive number of animals or inadequate facilities.
It shall be unlawful for any person owning, harboring, keeping, or in charge of any animal to cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities.
(Ordinance 584, sec. 2, adopted 8/29/05)
(a) 
Required.
It shall be unlawful for a dog or cat to be present in the city and not be vaccinated against rabies by a registered veterinarian duly licensed to practice by the state board of veterinary medical examiners or otherwise inoculated against rabies in compliance with rule 169.29 of the Texas Administrative Code (25 TAC 169.29). Every owner of a dog or cat shall furnish proof of rabies vaccination upon request by an animal control officer by presentation upon demand of the vaccination tag and a current certificate of anti-rabies vaccination. The certificate must show the name and address of the owner of said dog or cat containing a description of the color, breed, sex and weight of said dog or cat together with the kind and amount of vaccine used and the date of administration, and certifying that said dog or cat was so vaccinated and immunized against rabies. Failure to furnish proof upon request shall create a presumption that the animal has not been vaccinated for rabies. In addition to the owner maintaining the certificate of vaccination, the owner shall place on the dog or cat a metal tag, on one side of which shall be stamped the words “rabies vaccine administered” or words of similar import, the date of the vaccination, and an identification number for the animal. The tag shall at all times be securely attached to a collar around the neck of the dog or cat. An animal found in violation of this section for not wearing a vaccination tag creates a presumption that the animal has not been vaccinated against rabies. The owner of the animal shall be responsible for the offense and no culpable mental state is required.
(b) 
Proof of sterilization.
Any owner claiming that his dog or cat has been spayed or neutered must show to the satisfaction of the animal control officer that such operation has been performed.
(Ordinance 584, sec. 2, adopted 8/29/05)
(a) 
Animals at-large prohibited.
It shall be unlawful for any animal to be at-large. An owner of an animal found to be at-large shall be responsible for the offense and no culpable mental state is required. Any animal found to be at-large and impounded more than three times in a one-month period or more than four times in a one-year period shall be spayed or neutered prior to release to the owner. The owner is responsible for any and all fees involved with the spay or neuter.
(b) 
Cats.
Although cats shall be exempt from any leash requirements, it shall be unlawful for any owner of a cat to allow said cat to stray onto the property of anyone except the owner. Any cat found straying onto the property of anyone except the owner may be deemed a public nuisance and may be subject to impoundment.
(c) 
Tying or staking animal.
Animals shall not be inhumanely chained, tied, fastened or otherwise tethered to dog houses, trees, stakes, poles, fences, walls, or any other stationary objects outdoors or indoors as a means of confinement. The owner of the animal or the person actually tying or staking the animal shall be responsible for the offense. If an animal is confined on a tether which is not attached to a stationary object as described above, the following conditions must be met:
(1) 
Only one animal may be tethered to each cable run.
(2) 
The tether must be attached to a properly fitting collar or harness worn by the animal, with enough room between the collar and the animal’s throat through which two fingers may fit. Choke collars and pinch collars are prohibited for purposes of tethering an animal to a cable run.
(3) 
There must be a swivel on at least one end of the tether to minimize tangling of the tether.
(4) 
The tether and cable run must be of adequate size and strength to effectively restrain the animal and must weigh no more than 1/18 of the animal’s body weight.
(5) 
The cable run must be at least fifteen (15) feet in length and mounted to either a swivel tie-out or to a cable/trolley/pulley system.
(6) 
The length of the tether from the cable run to the animal’s collar should allow access to the maximum available exercise area and should allow continuous access to water, food, shelter, shade and a dry area. The animal must be able to have space to urinate or defecate in a separate area from the area where it must eat, drink or lie down. The tether system must allow the animal to be able to escape harm. The tether system must be of appropriate configuration to confine the animal to the owner’s property, to prevent the tether from extending over an object or an edge that could result in injury or strangulation of the animal, and to prevent the tether from becoming entangled with other objects or animals.
(7) 
Any animal tethered as described in subsections (1) through (6) above must be removed from the tether at least once a day for adequate exercise.
(d) 
Restraint of dogs.
Any dog, while on a street, sidewalk, or public way or in any park, public square, or other public space, shall be restrained and secured by a leash or chain of sufficient tensile strength to restrain the particular dog. Said leash or chain shall not be longer than twenty-five (25) feet in a public park and shall not be longer than six (6) feet on or in any other place. An animal that is not restrained in compliance with this subsection shall be considered at-large in violation of subsection (a) of this section.
(e) 
Preventing animal from becoming public nuisance.
It shall be unlawful for any owner or custodian of any animal to fail to exercise proper care and control of such animal to prevent the same from becoming a public nuisance.
(f) 
Female dogs in heat.
It shall be unlawful for the owner or person in control of any unspayed female dog, while such dog is in heat, to allow the same to be upon, in, or about any public building, public place, street or alley in the city.
(g) 
Quarantining of animals exposed to rabies.
Any dog or cat that an animal control officer or a licensed veterinarian has probable cause to believe is rabid, may have been exposed to rabies, or may have exposed a person to rabies, shall be quarantined in a manner consistent with state law regarding the disposition of animals exposed to rabies. An owner of a cat or dog required to be quarantined in the animal shelter shall pay the quarantine fee set out in section A2.01.006, within 48 hours of quarantine placement. The owner of the quarantined animal shall enter into an agreement with the city whereby it is agreed either: (1) the quarantine fee will be paid within the required 48-hour period, or other agreed upon term; or (2) the animal immediately shall be humanely euthanized and sent for rabies testing. It shall be unlawful for any owner to fail to comply with a quarantine requirement or condition, including a home quarantine authorized by an animal control officer. If an owner fails to comply, in addition to any criminal penalties, the animal shall be immediately seized and impounded.
(Ordinance 818, sec. 2, adopted 4/10/17)
(a) 
Confinement required.
Every owner of a guard or attack dog shall keep such dog confined in a building, compartment or other enclosure. Any such enclosure shall be completely surrounded by a fence at least six (6) feet in height and capable of confining the animal at all times.
(b) 
Gates, entrances and fences.
The areas of confinement shall all have gates and entrances thereto securely closed and locked, and all fences properly maintained and escape-proof.
(c) 
Warning sign.
It shall be unlawful for any person to leave any guard or attack dog unattended in any place inside any building unless a warning sign has been placed in a clearly visible location at the premises, located so that it can be seen by any person before entering the premises, warning that a guard or attack dog is present. It shall be unlawful for any person to leave any guard or attack dog unattended in any place outside a building without a warning sign placed in a clearly visible location at the premises, located so that it can be seen by any person before entering the place to which the dog has access, warning that a guard dog or attack dog is present.
(d) 
Exemption.
The provisions of this section shall not apply to dogs owned or controlled by government agencies.
(Ordinance 584, sec. 2, adopted 8/29/05)
(a) 
Nuisance declared.
It is hereby declared to be a public nuisance for an owner or other person to harbor, keep, or maintain a dangerous animal in the city unless the owner complies with the requirements of this section.
(b) 
Offenses.
It shall be unlawful for any person to own, keep, or harbor a dangerous animal within the city. For purposes of this section, a person is the owner of a dangerous animal when the owner knows of an unprovoked attack committed by the animal against a person or another animal, or when the animal has been determined to be dangerous by the court under this section or any other court or determining body.
(c) 
Defenses.
In response to the determination that an animal is a dangerous animal, it is a defense that:
(1) 
The threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal;
(2) 
The person was teasing, tormenting, abusing, or assaulting the animal or has in the past been observed or reported to have teased, tormented, abused, or assaulted the animal;
(3) 
The person was committing or attempting to commit a crime;
(4) 
The animal attacked or killed was at the time teasing, tormenting, abusing or attacking the alleged dangerous animal;
(5) 
The animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault;
(6) 
The animal was injured and responding to pain; or
(7) 
The animal was protecting its offspring, itself, or its kennelmates.
(d) 
Complaints.
Should any person desire to file a complaint concerning an animal which is believed to be a dangerous animal, a sworn, written complaint must first be filed with an animal control officer containing the following information:
(1) 
Name, address, and telephone number of complainant and other witnesses;
(2) 
Date, time and location of any incident involving the animal;
(3) 
Description of the animal;
(4) 
Name, address, and telephone number of the animal’s owner, if known;
(5) 
A statement describing the facts upon which such complaint is based;
(6) 
A statement describing any incidents where the animal has exhibited dangerous propensities in past conduct, if known.
(e) 
Investigation.
After a sworn complaint is filed with the animal control officer, the animal control officer shall investigate the complaint, and if there be sufficient evidence to believe the animal is dangerous, the animal control officer may file a complaint with the municipal court of the city and request the judge of the municipal court to set a time and place for a hearing for a determination.
(f) 
Hearing.
(1) 
Jurisdiction.
The jurisdiction for the determination of a dangerous animal in a proceeding brought under this chapter shall be vested in the municipal court.
(2) 
Notice.
If a complaint is filed by an animal control officer with the municipal court, the clerk of the court shall set the case for a hearing and shall give notice of the hearing to the owner of the animal in the complaint by personal service or certified mail, return receipt requested, at least ten (10) days prior to the hearing date. The animal control officer may complete personal service.
(3) 
Impoundment pending hearing.
If the animal has not already been impounded, the animal control officer shall seize and impound the animal upon personal service of the notice of hearing on the owner or three (3) days after the notice of hearing is mailed to the owner by certified mail, return receipt requested. It shall be unlawful for a person to possess and fail to release to an animal control officer an animal that has been made the subject of a hearing under this section. No person shall be allowed to reclaim the animal while a hearing under this section is pending.
(4) 
Purpose of hearing.
The purpose of the hearing is for the court to determine if the animal specified in the complaint is a dangerous animal.
(5) 
Result of hearing.
(A) 
If the court finds that the animal is a dangerous animal:
(i) 
The court shall order that the animal be destroyed or permanently removed from the city, based on the least restrictive means necessary to protect the public health, safety, and welfare of the community according to all of the evidence presented.
(ii) 
If the owner is not present at the hearing, the clerk shall notify the owner of that decision as well as the ordered disposition of the animal by personal service or certified mail, return receipt requested. The animal control officer may complete personal service.
(iii) 
The court shall order that the owner of the animal pay any fees due for the impoundment of the animal within 30 days of the order.
(iv) 
If the court orders the removal of the animal from the city, the owner shall have five (5) days from the date of the order to remove the animal. The owner must provide proof of the removal to the court within five (5) days after the deadline to remove. If adequate proof is not provided to the court within the required time, an animal control officer shall investigate and, if the animal is found within the city, the animal control officer shall be authorized to immediately seize and impound the animal. Upon impoundment of such animal, the animal becomes the property of the city and it shall be humanely destroyed. If the animal has been previously removed from the city or is not present in the city on the date of the hearing, the court shall order that animal shall be permanently banned from the city and not be allowed to return.
(v) 
If the court orders the destruction of the animal, the clerk or the animal control officer shall notify the facility where the animal is kept.
(B) 
If the court finds that the animal is not a dangerous animal, the animal shall be released to the owner upon payment by the owner of any fees due.
(6) 
Failure to obey court order.
It shall be unlawful for a person to possess and fail to release an animal that has been ordered destroyed or removed by the court to an animal control officer.
(g) 
Law enforcement defense.
It is a defense to enforcement under this section that the person is an employee of the institutional division of the state department of criminal justice or of a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; provided, however, that for any person to qualify for this defense, that person must be acting within the course and scope of his or her official duties with regard to the dangerous animal.
(h) 
Other defenses.
It is a defense to enforcement under 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 or control of the animal; provided, however, that for any person to qualify for this defense, that person must be acting within the course and scope of his or her official duties with regard to the dangerous animal.
(Ordinance 584, sec. 2, adopted 8/29/05)
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)
It shall be unlawful for any person to sell, trade, barter, lease, rent, raffle, give away or display for commercial purposes a live animal on a roadside, public right-of-way, sidewalk, street, parkway or any other public property or any property dedicated to public use, on a commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale or similar event. This section does not apply to a sale held on privately owned property with the written permission of the owner of the property, on a parking lot where the seller has the parking lot owner’s written permission, or on the seller’s own property.
(Ordinance 584, sec. 2, adopted 8/29/05)
(a) 
Feeding of cats on public property.
It shall be unlawful for any person to feed, whether by leaving food for or otherwise, any cat on public property, including without limitation, on any property owned in fee simple or controlled by the city as an easement or public right-of-way.
(b) 
Feeding of cats on private property.
It shall be unlawful for any person, other than the owner of the property, to feed, whether by leaving food for or otherwise, any cat on private property without the written consent of the owner of the property.
(c) 
Affirmative defense.
It shall be an affirmative defense to prosecution under subsection (a) of this section that the person feeding a cat on public property is only placing food within a working trap and such trap has been placed on public property with the written permission of the city manager.
(Ordinance 678 adopted 11/5/12)
Wild animals and feral cats collected by animal control, and determined by an animal control officer to be wild, may be adopted provided the person adopting the animal(s) enters into an agreement with the city whereby it is agreed the wild animal or feral cat will be relocated to a rural area outside of the city limits. The wild animal adoption agreement shall be in a form approved by city council.
(Ordinance 812, sec. 3, adopted 12/19/16)