(a)
Pursuant
to section 822.002 of the Texas Health and Safety Code:
(1)
A justice court, county court, or municipal court shall order the
animal control authority to seize a dog and shall issue a warrant
authorizing the seizure:
(A)
On the sworn complaint of any person, including the county attorney,
the city attorney, or a peace officer, that the dog has caused the
death of or serious bodily injury to a person by attacking, biting,
or mauling the person; and
(B)
On a showing of probable cause to believe that the dog caused the
death of or serious bodily injury to the person as stated in the complaint.
(2)
The animal control authority shall seize the dog or order its seizure
and shall provide for the impoundment of the dog in secure and humane
conditions until the court orders the disposition of the dog.
(b)
Any
hearings, defenses or other provisions relating to dangerous dogs
shall hereby be regulated by sections 822.002–822.006 of the
Texas Health and Safety Code. The city also incorporates those sections
as part of this article.
(Ordinance 822-2021 adopted 9/16/21)
(a)
In
addition to the requirements under state law applicable to an owner
of a dangerous dog, the owner of a dangerous dog shall also comply
with all of the following requirements of this section, at the owner’s
expense, before the animal is released from the animal services facility
or other state approved quarantine facility:
(1)
Obtain liability insurance coverage or showing financial responsibility
in an amount of at least two hundred and fifty thousand dollars ($250,000.00)
to cover damages resulting from an attack by the dangerous animal
causing bodily injury to a person or for damages to any person’s
property resulting from the keeping of such dangerous animal. A certificate
of insurance or other evidence of meeting the above requirements shall
be filed with the animal control officer;
(2)
Register with the city by providing the name and address of the owner;
the breed, age, sex, color and any other identifying marks of the
animal; the location where the animal is to be kept if it is not at
the address of the owner; and two (2) color photographs that clearly
identify the dangerous animal;
(3)
Have the animal sterilized;
(4)
Construct a cage, pen or enclosure for the dangerous animal that
has secure sides; a secure top attached to the sides; and a secure
bottom which is either attached to the sides or else the sides of
the structure must be embedded in the ground no less than two (2)
feet. The pen or enclosure must be completely encircled by a fence
constructed in such a manner as to prevent a person or child from
being able to reach the animal’s pen or enclosure;
(5)
Not allow the animal to go outside of its cage, pen or enclosure
unless the animal is under physical restraint. No person shall permit
a dangerous animal to be kept outside of its cage, pen or enclosure
on a chain, rope or other type of leash unless a person is in physical
control of the chain, rope or leash and the person is of competent
strength to control the animal at all times. Dangerous animals shall
not be leashed to inanimate objects, such as trees, posts, buildings,
etc. All dangerous animals outside their cage, pen or enclosure must
be securely fitted with a muzzle that will not cause injury to the
animal nor interfere with its vision or respiration but shall prevent
the animal from biting other animals or human beings;
(6)
Post signs giving notice of a dangerous animal in the area or on
the premises in which such animal is confined. Such signs shall be
conspicuously posted at both the front and rear property entrances
and shall bear letters not less than two (2) inches high, stating
“dangerous animal on premises.” Such signs shall also
display a symbol, that is understandable by small children, that warns
of the presence of a dangerous animal;
(7)
Provide the animal with a fluorescent yellow collar visible at fifty
(50) feet in normal daylight and attaching a fluorescent orange tag
provided by the animal services division to the collar that is worn
at all times so that the animal can be easily identified;
(8)
Implant a microchip into the animal and registering it for life with
the city’s animal services division and a recognized national
registry;
(9)
Obtain the dangerous animal permit and paying the appropriate fee
annually; and
(10)
Maintain a current rabies vaccination and a current city license.
(b)
Any
animal that is deemed a dangerous animal that was not previously impounded
or otherwise in possession of the animal services facility or any
other state approved quarantine facility, shall immediately be impounded
and boarded at the owner’s expense until such time as the owner
complies with all of the required conditions as set forth by the court’s
ruling. The animal shall be held at the owner’s expense pending
the outcome of any appeals. It shall be a violation of this section
for the owner to refuse to turn the animal over as required and for
the purposes of enforcement; each day for each animal in question
shall be considered a separate offense.
(c)
The
owner shall have fifteen (15) days from the declaration of the animal
as dangerous to comply with all of the required conditions as set
forth by this section. If the owner fails to meet all of the requirements,
the animal may be humanely euthanized on the sixteenth (16th) day
by the animal control officer or a licensed veterinarian.
(d)
In
the event that a registered dangerous animal escapes its cage, pen
or enclosure or attacks a human being or another animal, the owner
of the dangerous animal shall immediately notify the animal services
division. For the purposes of this section, immediately shall mean
within thirty (30) minutes of the owner becoming aware of the escape
or attacks.
(e)
In
the event that a registered dangerous animal dies, the owner must
notify the animal control officer within seven (7) days.
(f)
Prior
to transferring ownership in any way or moving a registered dangerous
animal, either inside or outside the city limits, the owner must obtain,
in writing, permission from the animal control officer to transfer
ownership or move the animal. If ownership of the animal is being
transferred, the new owner will be required to comply with all provisions
of this chapter before the animal can be moved from the previous owner’s
custody. If the animal is being moved from the city limits, the owner
must provide, in writing to the animal control officer, the destination
address of where the animal is to be moved to and proof that the owner
has alerted the agency responsible for animal services in that area.
(g)
In
the event that any owner of an animal declared to be dangerous violates
any order of the public health administrator, the animal may be immediately
seized and impounded by the animal control officer. In addition, the
animal shall be seized immediately if the animal bites, injures, or
attacks a human being or another animal. Any animal already declared
to be dangerous which is impounded due to any violation of this chapter
or seized for causing injury to a human being or another animal shall
immediately become the property of the city and shall not continue
to be a registered dangerous animal.
(h)
If
the dangerous animal makes an unprovoked attack on a person or another
animal outside the animal’s enclosure and causes bodily injury
to the person or other animal, the owner of the dangerous animal will
be guilty of a class C misdemeanor, unless the attack causes serious
bodily injury or death, in which event the offense is a class A misdemeanor.
(i)
If
an owner of a dangerous animal is found guilty of an offense under
this section, the public health administrator or his designee may
order the dangerous animal be humanely euthanized by the animal control
officer or a licensed veterinarian.
(j)
No
animal shall be declared a dangerous animal if the threat, injury
or damage caused by the animal was the result of a willful trespass
upon another’s property, or the person injured was tormenting,
abusing or assaulting the animal or its owner, or was committing or
attempting to commit a crime at the time of injury.
(k)
Orders
of the public health administrator pertaining to dangerous animals
may be appealed to the city permit and appeals board by filing a written
notice of appeal within five (5) days to the city manager’s
office. During the pendency of such appeal, the order of the public
health administrator shall be suspended, and the animal shall remain
impounded at the owner’s expense at the animal services facility
or other state approved quarantine facility for observation. Decisions
of the permit and appeals board shall be final.
(l)
It
shall be a violation for any owner of a permitted dangerous animal
to refuse, upon request by the department, to make his/her animal(s),
premises, facilities, equipment, and any necessary permit(s) available
for inspection for the purpose of ascertaining compliance with the
provisions of this chapter.
(m)
The
owner of an animal that has been determined to be dangerous by another
jurisdiction is prohibited from bringing such animal into the city
limits.
(n)
The
animal control officer shall be authorized to obtain a search and
seizure warrant if there is reason to believe any requirements of
this section are being violated.
(Ordinance 822-2021 adopted 9/16/21)
It shall be unlawful for a person to sell, offer for sale, barter,
trade, keep, own, maintain, use or have in the person’s possession
or on premises under the person’s control any of the following:
(1)
Any dangerous animal except as provided in section 2.05.002 pursuant to a final determination that the animal is dangerous; or
(2)
Any
prohibited animal unless that person is a person exempted by section
822.102, subchapter E, dangerous wild animals, of the Texas Health
and Safety Code, as amended.
(3)
It
shall be unlawful for a person to sell, offer for sale, barter, trade,
keep, own, maintain, use or have in a person’s possession or
on premises under such person’s control any of the following:
(A)
Any dangerous animal except as provided in section 2.05.002 pursuant to a final determination that the animal is dangerous; or
(B)
Any prohibited animal.
(C)
A prohibited animal is exempt from this section if:
(i)
The animal(s) belongs to a bona fide zoological park, animal exhibition,
wildlife educational center, museum, licensed laboratory, publicly
owned nature center, or animals kept by bona fide members of an educational
or scientific association or society approved by the animal control
department, or persons holding permits from an agency of the state
or the United States for the care and keeping of animals for rehabilitative
purposes; or
(ii)
The animal is an assistance animal as defined in this chapter
that has been registered with the city and the animal control manager
has been provided with:
(Ordinance 822-2021 adopted 9/16/21)
(a)
Purpose.
The purpose of this section is to establish
certain requirements of sound beekeeping practice that are intended
to avoid problems that may otherwise be associated with the keeping
of bees in populated areas.
(b)
Keeping of honeybees.
Honeybees may be kept if all of
the following conditions are met:
(1)
Beekeeping permit.
Any person desiring to keep honeybees
on their property must first obtain a permit from the animal control
authority.
(A)
The animal control authority shall have the right to inspect any
property with a beekeeping permit at any time for the purpose of ensuring
compliance with this section.
(B)
Beekeeping permits must be renewed annually and each renewal will
require inspection and approval by the animal control authority or
designee.
(C)
Beekeeping permits are issued for specific owners of a specific property.
Application for a new beekeeping permit shall be required if:
(2)
Standards of care and practice.
(A)
In each instance in which a colony is situated within ten feet (10')
of a private or public property line, including schools, of the tract
upon which the apiary is located, as measured from the nearest point
on the hive to the property line, the beekeeper shall establish and
maintain a flyaway banner at least eight feet (8') in height consisting
of a solid wall, fence, dense vegetation, or a combination thereof
so that the honeybees will fly over rather than through the material
to reach the colony.
(B)
Each beekeeper shall ensure that a convenient source of water is
available to the bees at all times within twenty feet (20') of all
hives.
(C)
All honeybee colonies shall be kept in hives with removable frames
or bars, which shall be kept in sound and useful condition.
(D)
Beekeepers shall diligently “re-queen” hives known to
be aggressive.
(E)
Any hive contaminated with or known to have Africanized bees shall
be destroyed by a qualified beekeeper at the owner’s expense.
(F)
Beekeepers shall mark each hive with name and phone number of the
beekeeper.
(G)
Enclose the apiary sufficient to prevent small children or animals
from accessing the hives.
(H)
Each hive must be “re-queened” at least once every twenty-four
(24) months and the owner shall keep receipts and written records
of the exact date of the “re-queening” of each hive for
at least two (2) years.
(I)
Each hive shall be maintained in a healthy state and maintain the
grounds near each hive in a sanitary manner.
(4)
Inspections.
A person commits an offense if he owns,
harbors, or possesses honeybees and refuses, upon request by the animal
control authority, to make his honeybees, premises, facilities, or
equipment available for inspection during reasonable hours.
(Ordinance 822-2021 adopted 9/16/21)
(a)
No
person shall engage in keeping livestock within the corporate limits
of the city, except in conformance with and only to the extent so
permitted by the zoning ordinances of the city.
(b)
The
keeping of or causing to be kept any livestock or any other such animals
in those areas appropriately permitted by the zoning ordinances of
the city in pens or enclosed areas in such a manner as to become offensive
to other persons living nearby is hereby declared to be a nuisance.
The housing of livestock within 25 feet of an adjacent property line
is hereby declared to be a nuisance.
(c)
It
shall be unlawful for any person to park or leave standing any truck,
trailer, or other vehicle that has been used for the hauling of livestock,
animals or fowl in a residential area of the city when notified by
an enforcement agent that such vehicle is creating a nuisance due
to odors, gases or fumes. Upon such notification, the owner, operator,
driver or other person responsible for such vehicle shall move such
vehicle to a location outside of any residential area of the city.
(d)
All
manure and other excrement shall be disposed of in such a manner as
to prevent it from becoming offensive to other persons living nearby.
It shall be unlawful for any person to transport slop, garbage or
other refuse over any alley, street or highway within the corporate
limits of the city for the purpose of feeding hogs or swine within
the city.
(e)
Honeybees.
Notwithstanding the provisions of section 2.05.004, a beekeeper shall not keep honeybees in such a manner as to deny any person the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the city. Removal for noncompliance:
(1)
Complaint.
Upon receipt of a sworn complaint by any
person, including the city attorney, a peace officer or animal control
authority to the municipal court that honeybees are being kept in
a manner that denies the reasonable use and enjoyment of adjacent
property or endangers the personal health and welfare of the inhabitants
of the city. The municipal court shall set a time for a hearing to
determine whether the honeybees are being kept in violation of this
section. The hearing shall not be later than the fifteenth (15th)
day after the judge of the municipal court receives and reviews the
complaint.
(2)
Notice.
The municipal court shall give written notice
of the time and place of the hearing to the beekeeper and the person
who made the sworn complaint.
(3)
Presentation of evidence. Any interested party, including the city
attorney, may present evidence at the hearing.
(4)
Order for removal.
If the municipal court determines
that the honeybees deny to any person the reasonable use and enjoyment
of adjacent property or endanger the personal health and welfare of
the inhabitants of the city, the municipal court shall order the honeybees
removed from the property. Upon receipt of such order, the beekeeper
shall remove the bees within ten (10) calendar days of the order.
Failure to comply with the municipal court order shall constitute
a separate violation of this code for each day of noncompliance, and
in addition, the city may contract for the removal of the bees and
charge the beekeeper for such removal.
(Ordinance 822-2021 adopted 9/16/21)
(a)
The
keeping of livestock shall be permitted in "A" agriculture zoning
districts and in areas primarily used for agriculture purposes, with
the exception of the following limitations.
(b)
Goats.
b) Goats. The keeping of goats shall be permitted
in " R -1L" single- family residential - large lots zoning districts
and in " A" agriculture zoning districts subject to the following
requirements:
(c)
Fowl.
(2)
This subsection does not apply if the land upon which the animals
are maintained is zoned "A - agricultural."
(3)
A person commits an offense if the person knowingly:
(A)
Keeps or maintains a rooster;
(B)
Keeps or maintains more than six fowl;
(C)
Keeps or maintains fowl in an inadequate fowl shelter, including
the fenced run, at a distance closer than 25 feet of an occupied building
of a person other than the owner;
(E)
Keeps or maintains fowl in the front yard area;
(F)
Fails to provide fowl with fresh, clean water and food;
(G)
Fails to store fowl feed in secure containers protected from rodents,
insects, and other animals;
(H)
Slaughters fowl within the city limits;
(I)
Fails to keep or maintain fowl within a fowl shelter, pen, coop, or hutch as defined in section 2.05.005. A fenced yard shall not qualify as a pen, coop, or hutch;
(J)
Sells eggs for profit. Any eggs produced by fowl permitted under
this section shall be for personal use only;
(K)
Fails to allow an animal control officer to inspect the fowl shelter,
pen, coop, or hutch and related premises.
(d)
The
owner or person in possession of animals shall keep yards, pens, coops,
and enclosures in which these animals are confined in such a manner
so as not to give off odors offensive to persons of ordinary sensibilities
residing in the vicinity, or to breed or attract flies, mosquitoes,
or other noxious insects, or in any manner to endanger the public
health or safety, or create a public nuisance. All persons keeping
these animals shall comply with the following sanitary regulations:
manure and droppings shall be removed from pens, yards, cages, and
other enclosures daily, and handled or disposed of in such manner
as to keep the premises free of any nuisance.
(e)
The
slaughter of livestock shall be prohibited within the city limits
unless performed by a licensed professional at a rendering or meat
processing facility.
(f)
It
is an exception to this section that:
(1)
The animal or structure was at a veterinary clinic or hospital, pet
store, feed store, farm store, school building, or any similar establishment
properly zoned for keeping these animals;
(2)
The structure, pen, corral, or other enclosure was in existence at
the time the premises on which it is located were annexed by the city.
However, if the ownership or primary use of the premises changes,
this exception shall not apply;
(3)
The structure, pen, corral, or other enclosure was in existence prior
to the time a habitation was erected on another's property; or
(4)
The livestock was purchased and housed prior to January 1, 2005.
(g)
Hogs and swine. It shall be unlawful for any person other
than a veterinarian to keep any live hogs or swine within the city
limits, except in the hereinafter - named location(s), for a period
longer than twenty-four (24) hours:
(1)
The campus and grounds of Joshua Independent School District.
(h)
All
hog pens, barns, stables, and other facilities housing livestock shall
meet the requirements of the city building code, zoning ordinance,
and the general design standards, specifications, and operating procedures
for animal establishments.
(i)
Unless
specifically provided for herein, only one (1) head of livestock is
permitted per one (1) acre of land.
(j)
It
shall be a defense to prosecution regarding the number of livestock
being kept, that the same livestock in question was being kept on
the same premises, by the owner of the livestock, prior to the adoption
of this section. Notwithstanding the foregoing, at such time as the
livestock on the property dies or is otherwise disposed of by the
owner, it may not be replaced until such time as the livestock meets
the requirements set forth herein and then only may be replaced to
the extent such number and kind is in conformance with this section.
(k)
It
shall be a defense to prosecution that the person keeping the livestock
is a student, is a member of the local FFA Club, and has been issued
a temporary permit by the animal control officer supervisor, who shall
have the discretion to issue said permit upon proper documentation
provided by the student and/or teacher.
(Ordinance 822-2021 adopted 9/16/21; Ordinance
848-2022 adopted 10/20/2022)
It shall be unlawful for any person, firm, or corporation to
allow an estray(s) to be unattended upon any public street, alley,
thoroughfare or upon the property of another in the corporate city
limits. The person, firm, or corporation having ownership or right
to immediate control of such estray(s) shall have the burden to keep
such estray(s) off the public streets, alleys, and thoroughfares or
the property of another in the city.
(Ordinance 822-2021 adopted 9/16/21)
(a)
It
shall be unlawful for any person to place or place and bait or to
permit the placing or placing and baiting of any trap designed for
trapping animals in any highway, street, alley or other public place
within the corporate limits of the city unless specific permission
by animal services division has been granted. However, nothing in
this chapter shall prohibit an animal control officer from placing
such traps on public or private property as may be necessary to capture
animals running at-large.
(b)
It
shall be unlawful for any person to remove, alter, damage, or otherwise
tamper with a trap or equipment belonging to or set out by the animal
control officer.
(c)
Residents
of the city wishing to trap unwanted animals on personal private property
may do so with the use of humane cage traps. Traps may be obtained
from animal services. Any trapping program must have prior written
approval of the land manager or owner, and written notification of
activities to the animal services division.
(d)
Any
traps mentioned in this article found upon public property are hereby
declared to be abandoned traps and any enforcement agent is hereby
authorized and directed to impound any such trap and process the same
as abandoned property in accordance with the applicable provisions
of this code.
(e)
It
shall be unlawful for any person to place or place and bait or to
permit the placing or placing and baiting of any steel jawed trap
(commonly known as a “bear trap,” “wolf trap,”
“leg hold trap,” or “coyote trap”) within
the corporate limits of the city.
(f)
No
person shall place any substance or article that has in any manner
been treated with any poisonous substance in any place accessible
to human beings, birds, dogs, cats or other animals with the intent
to kill or harm animals. This shall include anti-freeze purposely
left exposed to poison animals. This section, however, does not preclude
the use of commercially sold poisons when applied in accordance with
the manufacturer’s directions for such use, in that person’s
residence, accessory structure or commercial establishment, provided
that such use does not violate any other section of this article.
(Ordinance 822-2021 adopted 9/16/21)
Every person having care, control, or custody of any dog which
has received guard dog training must register such dog with the animal
control officer. Any dog which has received guard dog training may
be destroyed when such dog is found running at-large. The owners or
keepers of guard dogs shall be subject to the other provisions of
this article. An ID collar identifying the dog as a guard dog must
be worn at all times, and affixed to the collar there shall be: guard
dog tag, current rabies tag, and a city license at all times. The
dog must wear a muzzle when out of confinement.
(Ordinance 822-2021 adopted 9/16/21)
