The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult animal.
Any canine or feline that is six months of age.
Animal.
A domesticated living creature and wild living creature previously captured. The term “animal” does not include an uncaptured wild creature.
At large or run at large.
An animal not kept under restraint.
Cat.
Any member of the feline family, Felis catus.
Coop, henhouse, hutch, or pen.
An enclosed structure for fowl. A coop, henhouse, hutch, or pen shall have at least four (4) square feet per bird and must be constructed securely so as to exclude predators and rodents.
Currently vaccinated.
Vaccinated and satisfying the following criteria:
(1) 
The animal must have been vaccinated against rabies as prescribed by the United States Department of Agriculture (USDA).
(2) 
At least 30 days have elapsed since the initial vaccination.
(3) 
Not more than 12 months have elapsed since the most recent annual vaccination or not more than 36 months since the most recent three-year vaccination.
Dog.
Any member of the canine family, Canis familiaris.
Domestic ferret.
Any Mustela putorius furo.
Feral animal.
An animal that has escaped from domestication and reverted to a wild state.
Fowl.
A cock or hen of the domestic chicken.
Fractious animal.
An animal with an unruly and aggressive temperament.
Hen.
A female chicken of any variety that is capable of producing eggs for human consumption.
Household pet.
A cat, dog, or miniature pig as defined in section 2.01.007, and canaries, finches, parrots, fish, gerbils, hamsters, and nonpoisonous harmless small reptiles not considered exotic animals.
Impound.
To place an animal in the city’s animal control facility, or the taking into custody of an animal for purposes of transportation to the city’s animal control facility.
Isolation.
The separation of an animal exposed or potentially exposed to a contagion.
Laying hen.
A female chicken of any variety that is capable of producing eggs for human consumption.
Licensed veterinarian.
A practitioner of veterinary medicine who holds a valid license to practice his profession.
Livestock.
Any or all of the following: bovines, equines, swine, goats, sheep, roosters, or any other animal or fowl, which may cause a health hazard within the meaning of this chapter.
Prohibited animal.
Any animal not normally born and raised in captivity, including, but not limited to, the following:
(1) 
Class Reptilia: Family Helodermatidea (the venomous lizards) and all Varanidae (monitor); order Ophidia, family Boidoe (boas, pythons, anaconda); family Hydrophiidae (marine snakes); family Viperidae (rattlesnakes, pit vipers and true vipers); family Elapidae (coral snakes, cobras and mambas); family Colubridae, Dispholidus typus (boomslang), Cyclagras gigas (water cobra), Boiga dendrophila (mangrove snake) and Kirtlandii (twig snake) only; order Crocodilia (crocodiles, alligators and gavials);
(2) 
Class Aves: Order Falconiformes (such as hawks, eagles and vultures) and subdivision Rapitae (such as ostriches, rhea, cassowaries, and emus);
(3) 
Class Mammalia: Order Carnivora (the family Felidae), except cats; the family Canidae (such as wolves, dingos, coyotes and jackals), except dogs; the family Mustelidae (such as weasels, skunks, martins, mink, and badgers); the family Procyonidae (raccoons); the family Ursidae (such as bears); order Marsupialia (such as kangaroos and opossums); order Chiroptera (bats); order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees and gorilla); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison, and camels);
(4) 
Class Amphibia: Poisonous frogs.
The term “prohibited animal” does not include normal household pets, such as a psittacine bird, canary, finch, cockatiel, hamster, gerbil, guinea pig, rabbit, domestic ferret, rat, mouse, sugar glider, hedgehog, fish, invertebrate, crustacean, or small nonpoisonous reptiles and amphibians.
Quarantine.
To detain and isolate on account of suspected contagion.
Restraint.
Any animal kept securely caged or secured by a leash or lead, or under the immediate effective control, supervision and attention of a responsible person, and obedient to that person’s commands, or within the confines of its owner’s home or yard which is fully enclosed by a good, secure, and substantial fence.
Rooster.
A male chicken of any variety.
Unprovoked.
With respect to an attack or attempt to attack by a dog, that the dog was not hit, kicked, or struck by a person with any object or part of the attacked person’s body nor was any part of the dog’s body pulled, pinched, or squeezed, or in any other manner provoked by the person attacked.
Vaccination.
A protective inoculation against rabies by inoculation with anti-rabic vaccine recognized and approved by the United States Department of Agriculture, Bureau of Animal Industry, given in an amount sufficient to provide immunity.
Vaccination certificate.
A certificate showing on its face that the animal described thereon has received an inoculation of anti-rabic vaccine in an amount sufficient to produce an immunity and bearing the signature of a licensed veterinarian.
(1976 Code, sec. 18-1; Ordinance 1011, sec. 1, adopted 11/21/05; 2008 Code, sec. 18-1; Ordinance 1188 adopted 11/17/20)
It shall be unlawful for anyone to knowingly, intentionally, recklessly or through criminal negligence violate or permit an animal owned by him to violate any of the provisions of this chapter.
(Ordinance 1011, sec. 37, adopted 11/21/05; 2008 Code, sec. 18-18)
For the purpose of enforcing this chapter, the animal control officer or a police officer shall be empowered to issue citations upon an owner who is found in violation of any of the provisions of this chapter, setting forth the violation.
(Ordinance 1011, sec. 36, adopted 11/21/05; 2008 Code, sec. 18-17)
The duly appointed animal control officer shall have the authority to delegate his authority to any city police officer on duty at the time of any occurrence or incident requiring action by the animal control officer.
(Ordinance 1032, sec. 26, adopted 1/21/08; 2008 Code, sec. 18-7)
(a) 
It shall be unlawful for any person to keep any livestock, or barnyard animal as defined in this chapter within the city except as described herein. Household pets are permitted as provided in this chapter.
(1) 
Roosters are prohibited inside city limits.
(b) 
A person commits an offense if:
(1) 
He/she keeps, harbors, or, maintains on the premises of a single residence within the city limits more than four (4) fowl at any one time;
(2) 
Keeps fowl in a pen, coop, hutch, or henhouse that is not at least four (4) square feet in area for each fowl; and/or
(3) 
Keeps a rooster on his/her property.
(c) 
Fowl shall be kept within pens, coops or hutches which meet the requirements of this chapter and are maintained in compliance with the provisions of this chapter. A fenced yard shall not qualify as a pen, coop, or hutch for purposes of this section.
(d) 
All pens, coops, or hutches for the keeping of fowl shall be maintained a minimum of 25 feet from any residence or commercial building, excluding the residence or commercial building of the person keeping or harboring the hens. Coop, henhouse, or hutch structure and/or pen shall be located in a well-drained area that does not discharge on a public way or neighbor’s property. Coop, henhouse, or hutch structure and/or pen shall not interfere with any utility or other feature of the property that needs suitable access.
(e) 
Nuisance fowl: Any fowl shall be declared a public nuisance, and the keeping of such shall be unlawful, which:
(1) 
Is allowed or permitted to run at large;
(2) 
By loud, unusual, continuous, or untimely crowing, cackling, honking, gobbling, or other sound shall cause the peace and quiet of the neighborhood or the occupants of the adjacent premises to be disturbed, or which renders the enjoyment of life and property uncomfortable or interferes with public peace and comfort;
(3) 
By causing frequent or long-continued noise shall disturb the comfort and repose of any person of ordinary sensibilities in the vicinity; or
(4) 
Endangers the public health or annoys neighbors by the accumulation of droppings and putrescible materials which cause foul or offensive odors.
(1967 Code, sec. 6-1; 1976 Code, sec. 18-3; 2008 Code, sec. 18-2; Ordinance 1188 adopted 11/17/20)
(a) 
Maximum number.
It shall be unlawful for any person to maintain or keep, in the aggregate, more than five adult dogs and/or cats on premises within the corporate limits of the city. Veterinarian facilities, pet shops, boarding facilities and the animal control facility are exempt from this requirement. It shall be unlawful for any person to maintain or keep on premises within the corporate limits of the city more than the number of adult dogs and/or cats designated by the city commission in the variance granted to such person.
(b) 
Variances authorized; granting or denial; revocation.
(1) 
The city commission, upon application for variance to subsection (a) of this section as hereinafter provided, may grant or deny, in whole or in part, an application for variance.
(2) 
The city commission, upon granting a variance to subsection (a) of this section, shall designate the number of adult dogs and/or cats authorized to be maintained or kept by the variance granted, but in no event shall the number of adult dogs and/or cats authorized by the granting of the variance exceed, in the aggregate, six adult dogs and/or cats.
(3) 
The city commission, after notice to the person granted a variance to subsection (a) of this section, and after conducting a hearing thereon, may revoke the variance granted to such person. The notice shall:
(A) 
Be in written form;
(B) 
Be addressed to the person or persons;
(C) 
Specify the purpose of the notice;
(D) 
Designate the time, date, and place or the hearing to consider revoking the variance granted to such person.
The notice shall be mailed to the address of the person by certified mail, return receipt requested.
(4) 
The decision of the city commission considering the revocation of the variance granted to the person shall be attached to the person’s application for variance to subsection (a) of this section and be maintained on file in the office of the city secretary in accordance with the recordkeeping practices of that office.
(c) 
Application for variance; notice to neighbors.
(1) 
Any person desiring to maintain or keep in the aggregate more than five adult dogs and/or cats within the corporate limits of the city may file a written application with the city secretary requesting the city commission to grant his written application for variance to subsection (a) of this section. The written application must contain the following information:
(A) 
The name and address of the person making such application for variance;
(B) 
The applicant’s reason for requesting the variance;
(C) 
The names and addresses of all homeowners residing within a 200-foot radius of the applicant’s property lines;
(D) 
The number of adult dogs and/or cats the applicant desires to maintain or keep in excess of the basic number of adult dogs and/or cats allowed by subsection (a) of this section;
(E) 
An animal care verification form completed and signed by a licensed veterinarian;
(F) 
Proof of sterilization of animals requested to be kept in excess of subsection (a) of this section; and
(G) 
The application must be signed and dated by the applicant.
(2) 
A fee in the amount set forth in the fee schedule in appendix A of this code must accompany each application to cover the expense of processing the application and notifying adjacent property owners of the applicant’s request for variance to subsection (a) of this section.
(3) 
The city secretary, upon receipt of the application for variance and the application fee, shall then do the following:
(A) 
Place such application on the agenda of the regularly scheduled city commission meeting following the next regularly scheduled city commission meeting.
(B) 
Notify the applicant of the date such application will be considered by the city commission.
(C) 
Notify by mail all homeowners with a 200-foot radius of the applicant’s property lines of the application for variance to subsection (a) of this section and the date that the city commission will consider the application for variance.
(4) 
All notices to said homeowners shall be a standardized form and contain a provision requesting that the homeowner indicate his consent or objection to the variance application and return such form to the city secretary on or before the date of the scheduled hearing of the application for variance.
(5) 
All such returned forms shall be open for inspection at the office of the city secretary during regular business hours.
(d) 
Hearing on application for variance.
The city commission shall hear all applications for variances to subsection (a) of this section at a regularly scheduled commission meeting. The commission, in determining whether to grant or deny a variance application, may consider the following factors:
(1) 
The size or breed of dogs and/or cats;
(2) 
The applicant’s lot size;
(3) 
The number of runs or pens;
(4) 
The sterilization status of the dogs and/or cats;
(5) 
The applicant’s fencing;
(6) 
The objections to the application from homeowners within a 200-foot radius of applicant’s property lines; and
(7) 
All other matters deemed relevant by the city commission to the application for variance.
(e) 
Recording and filing of decision on variance.
The decision of the city commission considering the application for variance to subsection (a) of this section shall be noted on the application by the city secretary, and thereafter the application and any attending documents shall be maintained on file in the office of the city secretary in accordance with the recordkeeping practices of the office of the city secretary.
(1967 Code, sec. 6-51; 1976 Code, sec. 18-4; Ordinance 1011, secs. 29–32, adopted 11/21/05; 2008 Code, sec. 18-3; Ordinance adopting 2020 Code)
Those pigs, not wild or stray, which fully grown do not exceed 18 inches in height at shoulder level and weigh no more than 90 pounds are considered to be miniature pigs. No more than two miniature pigs (no litters) may be kept as pets in any one household. Miniature pigs shall be spayed or neutered on or before the age of three months. No adult male miniature pig may be kept under this section unless his tusks have been surgically removed.
(1967 Code, sec. 6-50; 1976 Code, sec. 18-5; 2008 Code, sec. 18-4)
No one may keep, train, or harbor an exotic animal such as a tiger, bear, lion, raccoon, etc., unless a permit is first obtained from the state parks and wildlife department and approval of the animal control officer is obtained.
(1967 Code, sec. 6-52; 1976 Code, sec. 18-6; 2008 Code, sec. 18-5)
(a) 
The following are found and determined to be public nuisances and shall be abated as herein provided:
(1) 
The keeping of any animal which causes loud or frequent barking, howling or other noise that disturbs the peace and quiet of any person of ordinary sensibility.
(2) 
The keeping of any animal in such a manner so as to endanger the public health, including but not limited to the accumulation of animal wastes which cause foul and offensive odors or which are considered to be a hazard to any other animal or human.
(3) 
Any animal pens, stables or enclosures and property not kept free from carrion or any putrescible material.
(4) 
The keeping or harboring of a wild or vicious animal, except when a permit is issued by the city animal control authority.
(5) 
Any house, building, business, lot, yard, pen, enclosure or ground in which an animal is kept that is unsanitary or offensive to a person of ordinary sensibility residing in the vicinity thereof.
(6) 
The keeping of pens, stables or enclosures, in which any animal or fowl may be kept or confined, in such a manner as to become unsanitary or offensive by reason of odors that are offensive to persons of ordinary sensibilities, or to breed or attract flies, mosquitoes or other insects or rodents.
(b) 
Any violation of this section shall be a public nuisance and shall be abated within 30 days of receipt of written notice thereof, unless appealed within said 30 days to the municipal court of the city.
(Ordinance 1032, secs. 16–22, adopted 1/21/08; 2008 Code, sec. 18-6)
(a) 
It shall be unlawful for any person owning or in possession of any animal to permit it to be free of restraint outside such person’s premises.
(b) 
Prosecution of any owner or person in possession of any animal for the offense described herein may be instituted in the municipal court by any person filing a sworn complaint charging such owner or person in possession with such offense.
(1967 Code, sec. 6-33; 1976 Code, sec. 18-32; Ordinance 1011, sec. 6, adopted 11/21/05; 2008 Code, sec. 18-32(a), (b))
It shall be the duty of every person to report to animal control the presence and description of straying or lost animals which appear at or take up at a person’s premises. Said report shall be made within 24 hours after discovery of their presence.
(Ordinance 1011, sec. 2, adopted 11/21/05; 2008 Code, sec. 18-8)
(a) 
The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Abandon
means and includes abandoning an animal in the person’s custody without making reasonable arrangements for assumption of custody by another person.
Animal
means a domesticated living creature and wild living creature previously captured. The term “animal” does not include an uncaptured wild creature or a wild creature of which its capture was accomplished by conduct at issue under this section.
Cruel manner
means and includes a manner that causes or permits unjustified or unwarranted pain or suffering.
Custody
means and includes responsibility for the health, safety, and welfare of an animal subject to the person’s care and control, regardless of ownership of the animal.
Necessary water, food, care, or shelter
means and includes water, food, care, or shelter provided to the extent required to maintain the animal in a state of good health.
Trip
means to use an object to cause a horse to fall or lose its balance.
(b) 
It shall be unlawful for a person to intentionally or knowingly:
(1) 
Torture an animal;
(2) 
Fail unreasonably to provide necessary water, food, care or shelter for an animal in his custody;
(3) 
Abandon unreasonably an animal in the person’s custody;
(4) 
Transport or confine an animal in a cruel manner;
(5) 
Kill, injure, or administer poison to an animal (this does not apply to rodent control or pets brought to the animal facility or veterinarian for euthanasia);
(6) 
Cause one animal to fight with another;
(7) 
Use a live animal as a lure in dog race training or in dog coursing on a race track;
(8) 
Trip a horse;
(9) 
Injure an animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner’s effective consent; or
(10) 
Seriously overwork an animal.
(c) 
An offense under subsections (b)(2) through (b)(4), (b)(9), or (b)(10) of this section is a class A misdemeanor under the provisions of V.T.C.A., Penal Code section 42.09 [or 42.092] on cruelty to animals, except that the offense is a state jail felony if the person has previously been convicted two times under this section.
(d) 
It is a defense to prosecution under subsection (b)(5) of this section that the animal was discovered on the person’s property in the act of or immediately after injuring or killing the person’s goats, sheep, cattle, horses, swine, or poultry and that the person killed or injured the animal at the time of the discovery.
(e) 
It is a defense to prosecution under subsection (b)(8) of this section that the actor tripped the horse for the purpose of identifying the ownership of the horse or giving veterinary care to the horse.
(f) 
An offense under subsection (b)(1), (b)(5), (b)(6), or (b)(8) of this section is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted two times under this section.
(g) 
It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful use of an animal if that occurs solely for the purpose of:
(1) 
Fishing, hunting, or trapping;
(2) 
Wildlife control as regulated by state and federal law; or
(3) 
Animal husbandry or farming practice involving livestock.
(h) 
It is a defense to prosecution for an offense under this section that the person had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined in V.T.C.A., Health and Safety Code section 822.101.
(i) 
When the animal control officer or police officer has probable cause to believe that an animal has been or is being cruelly treated, he may apply for a warrant in a justice court to seize the animal.
(j) 
The officer executing the warrant shall cause the animal to be impounded in the city animal control facility. The officer will also give notice to the owner of the animal of the date, time, and place of a hearing to determine the disposition of the animal. The hearing will be held on the first scheduled court date following the date of impoundment. If it is found that the animal was not cruelly treated, it will be returned to the owner without cost. If it is found that the animal was cruelly treated, the judge of the justice court shall award custody of the animal to the city animal control facility for disposition as prescribed in other sections of this chapter and the owner shall be responsible for all fees and charges incurred, including the cost of the hearing.
(Ordinance 1011, sec. 26, adopted 11/21/05; 2008 Code, sec. 18-9)
Persons walking dogs on streets and in other public places within the city limits shall be responsible for the immediate cleanup of their animals’ feces. Failure to comply will constitute an offense under this chapter.
(Ordinance 1011, sec. 27, adopted 11/21/05; 2008 Code, sec. 18-10)
It shall be the duty of the animal control officer, the chief of police, or any police officer of the city to cause to be taken up or impounded all animals found in violation of the provisions of this chapter. Such officer is hereby authorized to enter upon any unfenced lot, tract or parcel of land for the purpose of seizing and impounding any animal running at large thereon.
(1967 Code, sec. 6-43; 1976 Code, sec. 18-2; 2008 Code, sec. 18-12)
There shall be erected and maintained, under the supervision of the animal control supervisor, a suitable building and kennels, to be known as the animal control facility, for the confinement of all animals found free of restraint and/or in violation of the provisions of this chapter. The animal control facility shall be kept in a sanitary condition and all animals taken up and impounded therein shall be properly fed and watered while confined in such building and kennels, and shall be treated in a humane manner while so confined.
(Ordinance 1011, sec. 3, adopted 11/21/05; 2008 Code, sec. 18-13)
For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, the animal control officer or his authorized representative is hereby empowered to enter upon any private property for the purpose of ascertaining whether an animal present, kept or harbored thereon is afflicted with rabies; or whether or not a vaccination certificate and tag has been secured for any dog or cat; or to ascertain if compliance under any other section of this chapter has been performed.
(Ordinance 1011, sec. 33, adopted 11/21/05; 2008 Code, sec. 18-14)
It shall be unlawful for any person to interfere with, hinder or molest the animal control officer or his assistants in the execution or performance of his duty under the provisions of this chapter.
(Ordinance 1011, sec. 34, adopted 11/21/05; 2008 Code, sec. 18-15)
(a) 
It shall be unlawful to slaughter, kill, butcher, skin, or defeather an animal or livestock in a public place or in any place visible from an adjoining property or public place. To ensure that any processing of an animal or livestock is not visible from adjoining property, there must be an opaque fence that is at least six (6) feet tall separating adjoining property.
(b) 
Any person who lawfully slaughters, kills, butchers, skins, or defeathers an animal or livestock in a place not visible from an adjoining property or public place shall ensure that the remains of the animal or livestock are promptly picked up and removed from the city, or:
(1) 
The remains of the animal or livestock must be placed into a sealed container including but not limited to heavy duty opaque trash bags, or another type of sealable opaque plastic container;
(2) 
Said filled container placed into a city solid waste receptacle; and
(3) 
The property owner or occupant must notify the city solid waste department before the end of the next business day to empty the receptacle and dispose of the sealed remains.
(c) 
It is a defense to prosecution under subsection (a) of this section that the animal or livestock was slaughtered, killed, butchered, skinned, or defeathered:
(1) 
In a slaughterhouse or in a food processing establishment, as defined in this code, that is operating in compliance with all applicable city ordinances and state and federal laws;
(2) 
A person protecting themselves or others from bodily injury from the animal or livestock; or
(3) 
An act of religion or recognized religious ceremony.
(Ordinance 1208 adopted 4/19/2022)