The owner or person who has custody or control of any animal
shall:
(1)
Keep
the animal in clean, sanitary, and healthy condition;
(2)
Provide
the animal sufficient nutritious and wholesome food, served to the
animal in clean containers, to maintain the animal’s good health;
(3)
Provide
the animal a constant and adequate supply of fresh, clean, potable
water served from a clean container that keeps the animal hydrated
for environmental conditions;
(4)
Provide
the animal care and veterinarian medical treatment for injuries, parasites,
and disease that is sufficient to maintain the animal in good health
and minimize and prevent suffering;
(5)
Maintain
the animal’s shelter (pens, kennels, coops, fenced areas and
enclosures of any kind) in sanitary condition, including, but not
limited to, disposing of all animal waste promptly, and all pens and
enclosures shall be cleaned as needed to prevent odors and not attract
insects or other vermin or create a nuisance; and
(6)
Provide
the animal with adequate shelter that:
(A)
Is large enough for the animal to enter, stand, turn around, and
lie down in a natural manner;
(B)
Keeps the animal dry;
(C)
Provides the animal natural or artificial shade from direct sunlight;
(D)
Protects the animal from excessive heat and cold and other adverse
weather conditions; and
(E)
Is adequately ventilated.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(a))
No person shall beat, cruelly ill-treat, torment, mentally abuse,
overload, overwork, or otherwise abuse an animal, or cause, instigate
or permit any dog fight, cock fight, or other combat between animals
or between animals and humans.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(b))
It shall be unlawful for an owner or other person having custody
or control of any animal to abandon such animal, including the abandonment
of any animal at the animal control facility.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(c))
It shall be unlawful for a person other than a licensed veterinarian
to crop a dog’s ears, dock an animal’s tail, or castrate
an animal; provided, however, that this section shall not apply to
normal livestock operations occurring within the city.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(d))
The operator of any motor vehicle which strikes or injures a
domesticated animal shall stop and immediately render aid and report
such incident to the animal control authority or the police.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(e))
A person commits an offense if the person ties or tethers a
dog or other animal in an unenclosed front or back yard, or by a fixed
point, chain, or tether so as to create, as determined by the animal
control authority, an unhealthy situation for the animal or a potentially
dangerous situation for a person or another animal. A person restraining
a dog with a chain or tether shall attach the chain or tether to a
properly fitted collar, not wrap a chain or tether directly around
the animal’s neck.
(1)
Use of restraint unreasonably limiting animal’s movement.
An owner may not leave an animal outside and unattended by use
of a restraint that unreasonably limits the animal’s movement:
(2)
Definition of restraint unreasonably limiting animal’s movement.
A restraint unreasonably limits an animal’s movement if
the restraint:
(3)
Exceptions.
Subsections (2)(B)(i) and (2)(B)(ii) of this section do not apply to:
(A)
An animal restrained to a running line, pulley, or trolley system
and that is not restrained to the running line, pulley, or trolley
system by means of a pinch-type, prong-type, choke-type, or improperly
fitted collar;
(B)
An animal restrained in compliance with the requirements of a camping
or recreational area as defined by a federal, state, or local authority
or jurisdiction;
(C)
An animal restrained for a reasonable period, not to exceed three
hours in a 24-hour period, and no longer than is necessary for the
owner to complete a temporary task that requires the animal to be
restrained;
(D)
An animal restrained while the owner is engaged in, or actively training
for, an activity that is conducted pursuant to a valid license issued
by the state if the activity for which the license is issued is associated
with the use or presence of the animal;
(E)
An animal restrained while the owner is engaged in conduct directly
related to the business of shepherding or herding cattle or livestock;
or
(F)
An animal restrained while the owner is engaged in conduct directly
relating to the business of cultivating agricultural products, if
the restraint is reasonably necessary for the safety of the animal.
(4)
Conditions for restrained animal.
A restrained animal
must have access to water and shelter from the elements, have a restraint
that does not become entangled, and stay within the owner’s
property.
(5)
Violations; penalty.
(A)
A peace officer or animal control officer who has probable cause
to believe that an owner is violating this article shall provide the
owner with a written statement of that fact. The statement must be
signed by the officer and plainly state the date on which and the
time at which the statement is provided to the owner.
(B)
A person commits an offense if the person is provided a statement
as described in subsection (5)(A) and fails to comply with this article
within 24 hours of the time the owner is provided the statement. An
offense under this section is a class C misdemeanor.
(C)
A person commits an offense if the person violates this article and
has previously been convicted of an offense under this article. An
offense under this section is a class B misdemeanor as provided in
Texas Health and Safety Code, section 821.079.
(D)
If a person fails to comply with this section with respect to more
than one animal, the person’s conduct with respect to each animal
constitutes a separate offense.
(E)
If conduct constituting an offense under this section also constitutes
an offense under any other law, the actor may be prosecuted under
this section, the other law, or both.
(6)
Hand-held leashes.
This section does not prohibit a
person from walking an animal with a hand-held leash.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(f))
A person commits an offense if the person keeps a dog or other
animal within a fence/enclosure which is in such a state of disrepair
that the animal may escape or be injured or may pose a threat to passersby.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(g))
A person commits an offense if the person sells, offers for
sale, barters or gives away as toys, premiums or novelties, baby chickens,
ducklings or other fowl under three weeks old and rabbits under two
months old, unless the manner or method of display is first approved
by the animal control authority.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(h))
A person commits an offense if the person colors, dyes, stains
or otherwise changes the natural color of any chickens, ducklings,
other fowl or rabbits, or possesses, for the purpose of sale or to
be given away, any of the above-mentioned animals which have been
so colored.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(i))
A person commits an offense if the person gives away or auctions
any animal as a prize for or as an inducement to enter any contest,
game or competition, or as an inducement to enter a place of amusement,
or offers such animal as an incentive to enter into any business establishment
whereby the offer was for the purpose of attracting trade.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(j))
No person may hunt, trap, wound, kill, maim, torture or otherwise
threaten the health and safety of any indigenous wild animal in the
city limits, excluding the trapping of nuisance wildlife under the
authorization and supervision of the animal control authority; also
excluding any person who holds a seasonal hunting license for a species
for which there exists a hunting season, and that person’s hunting
activities occur on property which is properly zoned, and the property
owner’s permission has been granted for such activity; or a
person holds proper permits issued by the animal control authority
or Texas Parks and Wildlife.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(k))
A person commits an offense if the person leaves any animal
in any standing or parked vehicle in such a way as to endanger the
animal’s health, safety or welfare. The animal control authority
or peace officer is authorized to use reasonable force to remove an
animal from a vehicle whenever it appears the animal’s health,
safety or welfare is or soon will be endangered, and said animal shall
be impounded.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(l))
The animal control authority shall liberally utilize the authority
granted by Texas Health and Safety Code, section 821.022 to seize
and impound any animal, if the animal control authority has reason
to believe that an animal has been or is being cruelly treated, pending
a hearing before the municipal court on the issues of cruelty and
disposition of the animal. Seizure of the subject animal prior to
receiving a warrant is hereby authorized if such delay endangers the
life of or would unreasonably prolong the suffering of the subject
animal.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(m))
(a)
Displaying animal.
A person commits an offense if the
person displays any live animal for a commercial purpose on any roadside,
public right-of-way, or commercial parking lot. Commercial purpose
shall include, but not be limited to, intent to sell, trade, barter,
lease, rent, or give away any live animal.
(b)
Receiving animal.
A person commits an offense if the
person receives any live animal through sale, trade, barter, lease,
rent, or give-away conducted on any roadside, public right-of-way,
or commercial parking lot.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(n))
A person commits a class A misdemeanor offense if that person
violates V.T.C.A., Penal Code, section 42.09, 42.091, or 42.092, as
currently written or as may be amended.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(o))
The animal control authority shall determine whether to file
a violation of this article as a class C misdemeanor or class A misdemeanor,
depending on the degree of abuse or neglect.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(p))
The actions prohibited by this article are in addition to any
prohibitions existing elsewhere in this code or any applicable state
or federal law. Nothing in this article shall be construed to limit
any duty imposed on an owner by any other provisions of this code
or any applicable state or federal law.
(Ordinance 1089 adopted 7/11/17; 2004 Code, art. 2.1000(q))
