For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Abandon.
The dumping, deserting or leaving of any animal on public or private property with the intent of terminating any further responsibility for the animal, or failing to properly redeem any animal impounded or quarantined by the city.
Adoption.
The purchase of a dog or cat from the city for pet purposes.
Animal.
Any living creature, including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowls and livestock, but specifically excluding human beings.
Animal control officer.
The person or persons designated by the chief of police to represent and act for the city to enforce the provisions of this chapter.
Cat.
A domesticated animal that is a member of the Felidae (feline) family, but does not include a lion, tiger, bobcat, jaguar, panther, leopard, cougar or other wild animal of this family or hybrids.
Dangerous dog.
A dog that:
(1) 
Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) 
Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
Dangerous wild animal.
Any one of the following or a hybrid of any of the following: lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee, orangutan and gorilla.
Dog.
A domesticated animal that is a member of the Canidae (canine) family, but does not include a wolf, jackal, fox or other wild animal of this family or hybrids.
Ferret.
A domestic member of the family Mustilidae, specifically Mustela putorius faro.
Fowl.
A bird of any kind.
Guard dog.
A dog which has been trained for the purpose of protecting property by a guard dog company which is required to be licensed pursuant to V.T.C.A., Occupations Code, ch. 1702, as amended.
Health inspector.
A physician or physician’s assistant, licensed and trained and recognized by the state, appointed by the city council to have charge, control, and protection of public health.
Humanely destroy.
To cause the death of an animal by a method which rapidly produces unconsciousness and death without visible evidence of pain or distress or utilizes anesthesia produced by an agent which causes painless loss of consciousness and death following the loss of consciousness.
Hybrid.
A product of the mating of 2 different species of animals, regardless of the number of generations born since the original mating.
Licensed veterinarian.
A person licensed to practice veterinarian medicine.
Livestock.
Any horses, mules, donkeys, ponies, cattle, bulls, sheep, goats, hogs, or pigs, of any and all kinds, regardless of sex, but not including miniature swine.
Local rabies control authority.
The person designated by the city council in accordance with Texas Health and Safety Code section 826.017.
Owner.
Any person owning, possessing, harboring, keeping or sheltering any animal.
Person.
Any individual, firm, partnership, association, corporation or other legal entity.
Prohibited animal.
Any animal, except fowl kept in a cage in the main residence, that is not regulated by international, federal or state law, or common domestic species which include gerbils, hamsters, guinea pigs or laboratory mice or rats, and regardless of state or duration of captivity, that poses a potential physical or disease threat to the public or that is protected by international, federal or state regulations, including but not limited to the following:
(1) 
Class Reptilia.
Family Helodermatidea (venomous lizards); Family Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers and true vipers); Family Elapidae (coral snakes, cobras, mambas and other elapids); the following listed species of Family Colubridae - Dispholidus typus (Boomslang), Hyrodynastes gigas (water cobra), Boiga (mangrove snake), and Thelotornis (African twig snake) only; Order Phidia, Family Boidae (racers, boas, water snakes and pythons); and Order Crocodilia (crocodiles, alligators, caimans and gavials);
(2) 
Class Aves.
Order Falconiforms (such as hawks, eagles, and vultures); Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and Order Strigiforms (such as owls);
(3) 
Class Mammalia.
Order Carnivora, Family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; Family Canidae (such as wolves, wolf-dog hybrids, dingos, coyotes and jackals), except domesticated dogs; Family Mustelidae (such as weasels, skunks, martens, mink and badgers), except ferrets; Family Procyonidae (raccoon); Family Ursidae (such as bears); Order Marsupialia (such as kangaroos and common opossums); Order Edentata (such as sloths, anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope, deer, bison and camels); and
(4) 
Animals not listed.
The animal control officer may declare any species of animal not listed in this section as “prohibited” if the confinement of the animal within the city can be shown to constitute a threat to public health and safety.
Running at large.
Not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when the animal is either on a leash, or held in the hands of the owner or keeper, or under direct supervision of the owner or other person authorized by the owner to care for the animal within the limits of the owner’s or caretaker’s private property. Any animal confined within an automobile or other vehicle shall not be deemed running at large.
Secure enclosure.
A fenced area or structure that is:
(1) 
Locked;
(2) 
Capable of preventing the entry of the general public, including children;
(3) 
Capable of preventing the escape or release of a dog;
(4) 
Clearly marked as containing a dangerous dog; and
(5) 
In conformance with the requirements for enclosures established by the animal control officer.
Serious bodily injury.
Any physical injury that involves a substantial risk of death, disfigurement or impairment of any part of the body, including but not limited to a broken bone or a laceration requiring either multiple stitches or cosmetic surgery.
Unprovoked.
Any action by an animal that is not:
(1) 
In response to being tormented, abused or assaulted by any person;
(2) 
In response to pain or injury; or
(3) 
In protection of itself or its food, kennel, immediate territory or nursing offspring.
Vaccination.
An injection of the United States Department of Agriculture approved rabies vaccine administered every 12 calendar months by a licensed veterinarian.
Vicious animal.
Any animal that has had on 2 previous occasions without provocation attacked or bitten any person or other animal, or any animal which the animal control officer or a licensed veterinarian has reason to believe has a dangerous disposition likely to be harmful to humans or other animals.
Wild animal.
Includes all types of animal which commonly exist in a natural unconfined state and are usually not domesticated. This shall apply regardless of the state or duration of captivity. These animals shall include, but are not limited to: skunks, raccoons, bats, weasels, squirrels, opossums, lesser pandas, binturongs, wolves, hybrids of wolves and canines, elephants, rhinoceroses, foxes, alligators, crocodiles, monkeys, ostriches, emus, prairie dogs, boas, pythons, anacondas and all forms of poisonous or constricting reptiles and other like animals.
(1997 Code, sec. 90.01; Ordinance adopting Code)
Any person, firm or corporation violating any of the provisions or terms of this chapter or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the municipal court of the city shall be subject to a fine in accordance with section 1.01.009 of this code for each offense, except where a different penalty has been established by state law for that offense, and each and every day the offense is continued shall constitute a new and separate offense.
(1997 Code, sec. 90.99; Ordinance adopting Code)
(a) 
The animal control officer, health authority or any law enforcement officer of the municipality shall have the right to enforce any of the provisions of this chapter.
(b) 
Enforcement of this chapter and any state laws regulating animal control shall be the responsibility of the animal control officer, the health authority and the law enforcement officers of the municipality.
(c) 
The animal control officer or any law enforcement officer is authorized to:
(1) 
Impound any animal in violation of this chapter;
(2) 
Issue citations for any violation of this chapter or applicable state law; and
(3) 
Shoot or kill any rabid dog or dangerous dog in the streets which shall manifest a disposition to bite or render itself inaccessible to impounding.
(d) 
No person shall interfere with any animal control officer or any authorized representative in the performance of their duties.
(e) 
Except when required otherwise by state law, all fees and charges required under this chapter shall be established by resolution of the city council from time to time.
(1997 Code, sec. 90.02)
This chapter does not apply to a peace officer or person employed by the state or a political subdivision of the state or other governmental agency that trains or uses dogs for law enforcement or correction purposes.
(1997 Code, sec. 90.19)
It shall be unlawful for an owner of an animal, without regard to mental state, to fail to keep the animal from running at large.
(1997 Code, sec. 90.03)
The following shall be considered a public nuisance and shall be unlawful:
(1) 
The keeping of an animal in a manner so as to endanger the public health, by the accumulation of animal waste which causes foul and offensive odors considered to be a hazard to other animals or human beings;
(2) 
To permit or allow an animal to defecate upon private or public property other than the property of the owner of the animal, and to fail to remove and dispose of, in a sanitary manner, any feces left by the animal;
(3) 
Property not kept free from carrion or other putrescible material;
(4) 
The keeping of bees in a manner so as to deny the lawful use of adjacent property or endanger the health and safety of others;
(5) 
The keeping of any animal which causes loud and unusual barking, howling or other noise that disturbs the peace and quiet of any person of ordinary sensibilities; and
(6) 
Persistent laxness in cat supervision so that their running at large results in an unreasonable disturbance to a person or persons.
(1997 Code, sec. 90.12)
(a) 
It shall be unlawful for any person to sell, offer for sale, rent, barter or give away as toys, premiums or novelties, baby chickens, ducklings or other fowl under 3 weeks old, or rabbits under 2 months old, unless the manner or method is first approved by the animal control officer.
(b) 
It shall be unlawful to color, dye, stain or otherwise change the natural color of any chickens, ducklings or other fowl or rabbits or to possess for the purpose of sale or to be given away any of the above-mentioned animals which have been so colored.
(1997 Code, sec. 90.13)
(a) 
It shall be unlawful to own, possess, keep or harbor any wild, wild-hybrid or prohibited animal within the city.
(b) 
It is a defense to prosecution under this section that the owner or possessor:
(1) 
Holds a valid prohibited animal permit issued under this section; or
(2) 
Is a governmental entity.
(c) 
A permit for possession of a prohibited animal may be issued to:
(1) 
A public zoo;
(2) 
A public or private primary or secondary school; or
(3) 
An animal exhibition, rodeo or circus of which the animal is an integral part, if the animal is restrained from inflicting injury upon persons, property or other animals.
(1997 Code, sec. 90.14)
(a) 
Declaration of nuisance.
It is hereby declared to be a public nuisance that an owner harbors, keeps or maintains a dangerous dog in the city unless the owner complies with the requirements of this section and state statutes regulating dangerous dogs.
(b) 
Determination of dangerous dog; requirements for owner.
(1) 
Not later than the thirtieth day after a person learns that the person is the owner of a dangerous dog, the person shall:
(A) 
Register the dangerous dog with the animal control officer;
(B) 
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; and
(C) 
Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.
(2) 
For purposes of this section, a person learns that the person is the owner of a dangerous dog when:
(A) 
The owner knows of an attack described in the definition of “dangerous dog”;
(B) 
The owner is informed by the animal control officer that the dog is a dangerous dog; or
(C) 
The owner receives notice that the municipal court has found that the dog is dangerous.
(3) 
If a person reports an incident described in the definition of “dangerous dog,” the animal control officer may investigate the incident. After receiving sworn statements of any witnesses, the animal control officer [shall] determine whether the dog is a dangerous dog, it [and] shall notify the owner of that determination.
(4) 
The owner, not later than the fifteenth day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control officer to the municipal court. The owner shall confine the dog during the pendency of an appeal in a manner satisfactory to the animal control officer. An owner may appeal a decision of the municipal court in the same manner as appeal for other civil cases. The determination of the animal control officer is final if the owner does not timely appeal.
(5) 
The animal control officer shall provide written notice of the date, time and location of the hearing to the owner of the dangerous dog and to any complainant, either in person or by certified mail, return receipt requested. At the hearing, all interested persons shall be given the opportunity to be heard.
(c) 
Registration.
(1) 
The city clerk shall annually register a dangerous dog if the owner:
(A) 
Presents:
(i) 
Proof of liability insurance or financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person;
(ii) 
Proof of current rabies vaccination of the dangerous dog; and
(iii) 
Proof of a secure enclosure in which the dangerous dog will be kept;
(B) 
Pays an annual registration fee established by resolution of the city council from time to time;
(C) 
Provides 2 color identification photographs of at least 3 inches by 3 inches of each dangerous dog with one photograph showing the frontal view and the other photograph showing the side view of each dog; and
(D) 
Provides the name, general description, including sex, weight, color, predominate breed, height and length, and any other discernible features of the dangerous dog.
(2) 
The animal control officer shall provide to the owner registering a dangerous dog a registration tag, which shall be placed and maintained on the dog’s collar at all times.
(3) 
If the owner of a dangerous dog sells or moves the dog to a new address, the owner, not later than the fourteenth day after the date of sale or move, shall notify the animal control authority for the area in which the new address is located. If the dangerous dog has been sold or given away, the former owner shall provide the animal control officer with the name, address and telephone number of the new owner. If the new owner resides in the city or if the animal is kept in the city, the animal control officer shall notify the new owner in person or by certified mail, return receipt requested, that a determination has been made that the dog is dangerous and provide the new owner with a copy of the requirements for the owner of a dangerous dog. It shall be unlawful for the new owner to fail to comply with these requirements.
(4) 
The owner of a registered dangerous dog shall immediately notify the animal control officer if the dangerous dog is running at large, has bitten or attacked a human being or another animal, has died, or has been sold or given away.
(d) 
Attack by dangerous dog.
(1) 
A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on a person or another animal outside the dog’s enclosure and causes bodily injury to a person or another animal.
(2) 
An offense under this subsection is a class C misdemeanor.
(3) 
If a person is found guilty of an offense under this section, the court which hears the case may order the dangerous animal destroyed by a licensed veterinarian or a person authorized by state law.
(e) 
Violations.
A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with any requirements for ownership of a dangerous dog. An offense under this subsection is a class C misdemeanor. If the owner of any dog determined to be dangerous under this section fails or refuses to comply with requirements of this section, the dog shall be seized by the animal control officer and humanely destroyed.
(f) 
Defenses.
(1) 
It is a defense to prosecution under subsection (d) or (e) of 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 and control of the dangerous dog in connection with that position.
(2) 
It is a defense to prosecution under subsection (d) or (e) of this section that the person is an employee of the institutional division of the state department of criminal justice or a law enforcement agency and trains or uses dogs for law enforcement or correction purposes.
(3) 
It is a defense to prosecution under subsection (d) or (e) of this section that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act, Tex. Occupations Code, ch. 1702, as amended.
(1997 Code, sec. 90.15)
(a) 
Swine prohibited.
It shall be unlawful for any person to keep any swine within the city.
(b) 
Keeping generally; noise or other nuisances.
It shall be unlawful for any person in the R1, Duplex, Townhouse, O, C1 or C2 zoning districts to keep any kind of livestock of any description or any other animals which make objectionable noise or constitute a nuisance or constitute a nuisance or an inconvenience to owners in the district.
(c) 
R2 zoning district.
It shall be unlawful for any person in the R2 zoning district to keep more than 2 horses per ranchette lot or to keep any livestock of any description or any other animals which make objectionable noise or constitute a nuisance or an inconvenience to owners in the district.
(d) 
Horse stables and enclosures.
Horse stables, corrals or enclosures shall be capable of preventing the entry of the general public and capable of preventing the escape of the horse(s).
(e) 
Standards for keeping horses.
It shall be unlawful for any person to keep any horse in any manner not consistent with Ordinance 27, article VI, section 8, and appendix 3 (see “horse shelter”).
(1997 Code, sec. 90.16)
The owner or person who has custody or control of any animal shall comply with the following standards:
(1) 
All manure and other animal waste shall be removed from pens, corrals, cages, yards or other enclosures twice a week;
(2) 
Food shall be placed in impervious containers on impervious surfaces;
(3) 
Refuse on the premises shall be removed and disposed of by means approved by the animal control officer;
(4) 
Watering troughs or tanks shall be equipped with adequate facilities for draining the overflow so as to prevent breeding of flies, mosquitoes or other insects; and
(5) 
No putrescible material shall be allowed to accumulate on the premises, and all the material used to feed which is unconsumed shall be removed and disposed of by sanitary means.
(1997 Code, sec. 90.17)
(a) 
The owner or person who has custody or control of any animal shall provide:
(1) 
Sufficient nutritious and wholesome food, served to the animal in clean containers, to maintain the animal in good health;
(2) 
Clean and wholesome water, served to the animal in a clean container, the water to be available to the animal at all times;
(3) 
Adequate shelter and protection from the weather at all times; and
(4) 
Veterinarian care as needed to prevent suffering.
(b) 
It shall be unlawful for an owner or other person having custody or control of any animal to abandon the animal.
(c) 
No person other than a licensed veterinarian shall crop a dog’s ears.
(d) 
The operator of any motor vehicle which strikes or injures a domesticated animal shall stop and immediately render aid and report the incident to the animal control officer and the police.
(e) 
It shall be unlawful for any person to beat, starve or overwork or to otherwise abuse any animal.
(1997 Code, sec. 90.18)