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:
Animal.
Any living creature, including but not limited to dogs, cats,
pigs, horses, birds, fish, mammals, reptiles, insects, fowl and livestock,
but specifically excluding humans.
Animal control authority.
The animal services division of the city or its designee
as determined by the city council, which is authorized to represent
and act for the city to receive reports of animal nuisances, animals
at large, animal bites, and other animal matters, and to investigate
bite reports, ensure quarantine of possibly rabid animals, carry out
provisions of state law pertaining to control and eradication of rabies
and otherwise enforce the provisions of this chapter.
Animal shelter.
Any facility designated and/or operated by the city for the
purpose of impounding and caring for animals held under authority
of this chapter.
At large.
Any animal of any family or breed, other than a cat, which
is not completely confined by a building, cage, container, wall, leash,
rope, chain, vehicle, or fence of sufficient construction to restrain
the animal, whether on or off the owner’s premises. An animal
being physically held by the owner within the limits of the owner’s
private property is not an animal running at large.
At-large cat.
Any cat which is off the premises of its owner and not secured
within a vehicle and/or restrained by means of a crate, carrier, leash,
or other physical apparatus to preclude the animal from making any
unsolicited contact with any person, their clothing, their property,
and/or their premises. Any cat intruding upon the property of any
person other than the cat’s owner shall be deemed at large.
Bodily injury.
Physical pain, illness, or any impairment of physical condition.
Cat.
A domesticated member of the family Felidae (Felis catus).
City limits.
The corporate city limits of the City of Lake Worth, Texas.
Collar.
Any collar constructed of nylon, leather, or similar material,
specifically designed to be used for the type of animal wearing or
being restrained by it.
Cruel treatment.
Any treatment to any animal in violation of the Texas Penal
Code.
Currently vaccinated.
Vaccinated for rabies and satisfying the following criteria:
The owner of each dog or cat shall have such animal vaccinated against
rabies before four months of age and shall obtain a booster for the
dog or cat within 12 months of the initial vaccination. After the
dog or cat has received its booster, the dog or cat shall be revaccinated:
(1)
No longer than 12 months thereafter for one-year-dose vaccinations;
or
(2)
No longer than every 36 months thereafter for three-year-dose
vaccinations.
Dangerous animal.
An animal that:
(1)
Makes an unprovoked attack on a person or other domestic animal
that causes bodily injury and that occurs in a place other than an
enclosure in which the animal was being kept and that was reasonably
certain to prevent the animal from leaving the enclosure on its own;
or
(2)
Commits unprovoked acts in a place other than an enclosure in
which the animal was being kept and that was certain to prevent the
animal from leaving the enclosure on its own and those acts cause
a person to reasonably believe that the animal will attack and cause
bodily injury to that person.
Dangerous wild animal.
All species of animals which commonly exist in a natural,
unconfined state and are usually not domesticated, regardless of the
circumstances or duration of captivity, including, but not limited
to, the following:
(30)
Any poisonous reptile; and
(31)
Any hybrid of an animal listed in this definition.
Dog.
Any domesticated member of the family Canidae, but shall
not include a wolf, jackal, coyote, fox or other dangerous wild animal
of this family or hybrid thereof.
Fowl.
Chickens, turkeys, pheasant, quail, geese, ducks, ostriches,
emus, pigeons, or similar feathered animals regardless of age, sex
or breed.
Fowl shelter.
A farm building or structure specifically designed and constructed
to constrain fowl within its confines that provides adequate space
for movement and exercise, adequate ventilation, and shelter from
sun, wind, cold, and moisture; provides sufficient shade to protect
the animal from the direct rays of the sun at all times; and which
is cleaned and sanitized. “Fowl shelter” may include,
but is not limited to, a pen, coop or hutch.
Hybrid.
The product of mating two different species of animal regardless
of the number of generations born since that original mating.
Kennel.
Any premises where any person engages in the business of
boarding, breeding, buying, letting for hire, or selling dogs, cats,
or other animals and that is located within the corporate limits of
the city on property zoned to allow such use as outlined in the city’s
zoning regulations.
Livestock.
Horses, mules, donkeys, cattle, goats, sheep, emus, and ostriches,
and any member of the order Ungulata (such as antelope, deer, bison
and camels), regardless of age, sex, size or breed.
Nuisance animal.
Any animal which negatively impacts the health, safety, property,
or environment of another animal or person, including, but not limited
to, any animal which:
(1)
Molests passersby or passing vehicles;
(2)
Attacks other domestic animals;
(3)
Trespasses on school grounds;
(5)
Climbs upon a motor vehicle belonging to another;
(6)
Damages private or public property not belonging to the animal’s
owner;
(7)
Barks, whines, or howls in an excessive, continuous, or untimely
fashion;
(8)
Tears, punctures, or otherwise opens refuse containers, causing
their contents to be emptied or exposed to the elements;
(9)
Causes fouling of the air by odor, thereby creating an unreasonable
annoyance or discomfort to a person of ordinary sensibilities in close
proximity to the premises where the animal is kept or harbored;
(10)
Defecates on any property except that belonging to the animal’s
owner; or
(11)
Interferes with refuse collection or other service personnel.
Owner.
Any person, firm or corporation that has a right of property
in an animal or that has care, control, custody or possession of an
animal or that provides premises to which the animal returns for food,
shelter or care for a period of three consecutive days.
Performing animal exhibition.
Any spectacle, display, or act or event other than circuses
in which animals perform tricks, feats, or other exhibitions of training.
Person.
Any individual, firm, association, syndicate, partnership,
corporation, or other entity.
Pet shop.
An establishment offering small animals such as dogs, cats,
birds, fish, ferrets, and similar animals which are not dangerous
wild animals or livestock, for sale, and that is located within the
corporate limits of the city on property zoned to allow such use as
outlined in the city’s zoning regulations.
Properly fitted.
With respect to a collar, a collar that measures the circumference
of the animal’s neck plus at least one inch.
Registration.
The requirement for all dogs and cats and any animal declared
to be dangerous to be registered annually with the city, for all relevant
fees to be paid, and for all animals to be wearing appropriate city-issued
registration tag(s).
Restraint.
A chain, rope, tether, leash, cable, or other device that
attaches an animal to a stationary object or trolley system.
Secure enclosure.
A fenced area that is locked; capable of preventing the entry
of the general public, including children; capable of preventing the
escape or release of an animal; and, if applicable, clearly marked
as containing a dangerous animal.
Serious bodily injury.
An injury characterized by bite wounds or ripping and tearing
of muscle and/or bodily tissues that would cause a reasonably prudent
person to seek treatment from a medical professional and would require
hospitalization, without regard to whether the person actually sought
medical treatment.
Service personnel.
Any person providing legitimate, authorized service to a
property, including, but not limited to, public safety personnel;
utility technicians; letter carriers, couriers, or delivery personnel;
plumbers, electricians, lawn maintenance workers, pest control professionals,
or contractors; and others in comparable service professions.
Spay or neuter.
A medical procedure removing the reproductive organs or otherwise
rendering a dog or cat unable to reproduce.
Sterilization.
The surgical removal of the reproductive organs of a dog
or cat or the use of nonsurgical methods or technologies approved
by the United States Food and Drug Administration or the United States
Department of Agriculture to permanently render the animal unable
to reproduce.
Swine.
Pigs, hogs, potbellied pigs, or any member of the family
Suidae.
Unprovoked.
The animal was not hit, kicked, struck, pulled, pinched,
squeezed, etc., by a person or an object, and the animal was not provoked
or taunted in a manner that an ordinary person would find unreasonable
or objectionable.
Vaccinated.
Properly injected with a rabies vaccine licensed for use
in that species by the United States Department of Agriculture and
administered by a veterinarian licensed to practice in the state.
(Ordinance 1089 adopted 7/11/17; 2004 Code, sec. 2.101)
(a) A
person commits an offense if the person interferes with or hinders
any agent of the city in the performance of any duty pursuant to this
chapter, or seeks to release any animal in the custody of the city
or its agents, except as provided in this chapter.
(b) A
person commits an offense if the person fails to comply with any lawful
order of the animal control authority in the performance of any duty
pursuant to this chapter.
(c) A
person commits a class B misdemeanor offense under Texas Penal Code,
section 38.15, if the person with criminal negligence interrupts,
disrupts, impedes, or otherwise interferes with an officer with responsibility
for animal control while the officer is performing a duty or exercising
authority imposed or granted under chapter 821 or 822 of the Texas
Health and Safety Code.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1600)
(a) Creation.
There is hereby created, pursuant to Texas
Health and Safety Code, section 823.005, an animal shelter advisory
committee.
(b) Purpose.
The purpose of the committee shall be to assist
animal shelters located within the city limits regarding compliance
with chapter 823 of the Health and Safety Code. Additionally, upon
request of the city council, the committee may:
(1) Provide recommendations to the city regarding its compliance with
the Texas Rabies Control Act; and
(2) Recommend ways to improve the efficiency and cost effectiveness of
the city’s animal control program.
(c) Membership; terms of members.
The committee shall consist
of five (5) members appointed by a majority vote of the city council.
Committee members shall serve two (2) year terms except as provided
below. Appointments shall be as follows:
(1) Places 1, 3, and 5 shall be appointed to serve for two (2) years
terms beginning on January 1st and ending on December 31st of odd-numbered
years; and
(2) Places 2 and 4 shall be appointed to serve for two (2) years terms
beginning on January 1st and ending on December 31st of even-numbered
years.
(d) Composition.
The composition of the committee shall
include at least one licensed veterinarian, at least one municipal
official, at least one person whose duties include the daily operation
of an animal shelter, and at least one representative from an animal
welfare organization. The same person shall not be appointed to fulfill
more than one of these requirements. Committee members are not required
to reside in the city.
(e) Vacancies.
Members of the committee shall be subject
to removal at any time and for any reason by the city council. Any
vacancy in the membership of the committee shall be filled by the
city council for the unexpired term of the member whose place has,
by removal or otherwise, become vacant.
(f) Meetings.
The committee shall meet a minimum of three
times per calendar year, as outlined in Texas Health and Safety Code,
section 823.005.
(g) Quorum.
A quorum of the committee shall consist of a
majority of the members, excluding any vacancies. The presence of
a quorum of the committee shall be required prior to a meeting being
called to order.
(h) Voting.
Approval of all items before the committee shall
require a majority vote of those in attendance.
(i) Rules.
The committee may adopt rules, subject to city
council approval, for conduct of its meetings.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1700; Ordinance 1225 adopted 12/14/21)
(a) The
city council shall establish fees for all animal-related services
provided by the city’s animal control authority, including those
for adoption, immunization, and multi-pet permits.
(b) The owner must pay all fees for impoundment, quarantine, and boarding, as well as veterinary bills and other fees that are due to the designated animal shelter. The fees are as set forth in the fee schedule in appendix
A of this code.
(Ordinance 1089 adopted 7/11/17; 2004 Code, secs. 2.1501, 2.1502; Ordinance adopting 2021 Code)
(a) Dogs
are prohibited within the spectator and playing field areas at city
parks. Dogs are permitted in the parking lots, pedestrian trails and
other undeveloped areas of the city parks.
(b) This
section does not apply to a service animal if:
(1) The service animal is under the control of its disabled owner and
the animal does not pose a direct threat to the health or safety of
others; or
(2) The service animal is otherwise permitted in accordance with state
or federal law.
(Ordinance 1089 adopted 7/11/17; 2004 Code, sec. 2.601)