The following words and phrases shall for purposes of this chapter have the following meanings:
Animal.
Any living creature, including but not limited to dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock, but specifically excluding human beings.
Animal control officer.
Any person designated by the supervisor of animal control to enforce the provisions of this chapter.
Commercial status.
A facility where a fee is charged to house, pasture, or rent horses or other livestock.
Large livestock.
Horses or any member of the domesticated horse family, including but not limited to mules, donkeys, and ponies; and all types and varieties of cattle, bulls, and all members of the cow family. Other “large livestock” includes llama and ostrich.
Owner.
Any person, firm or corporation having title to any animal; or a person who has, harbors, or keeps, or who causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises.
Running at large.
Not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner’s private property.
Small livestock.
All types of domesticated swine, sheep, and goats.
Supervisor of animal control.
Any person designated by the city to supervise all aspects of animal control.
Vaccination.
An injection of United States Department of Agriculture-approved rabies vaccine administered every twelve (12) calendar months by a licensed veterinarian.
Vicious animal.
Any individual animal of any species that has on two previous occasions without provocation attacked or bitten any person or other animal, or any individual animal which the supervisor of animal control has reason to believe has a dangerous disposition, or any species of animal which the supervisor has reason to believe has a dangerous disposition likely to be harmful to humans or other animals.
Wild animal.
Any poisonous or dangerous reptile, or any other animal which can normally be found in the wild state not normally capable of being domesticated, including but not limited to skunks, foxes, leopards, panthers, tigers, lions, or lynx, unless certified for medical, biological, herpetological or other scientific research or study.
(1995 Code, sec. 3-1)
(a) 
Enforcement of this chapter shall be the responsibility of the supervisor of animal control or his designated representatives.
(b) 
It shall be unlawful for any person to interfere with any animal control officer in the performance of his duties.
(1995 Code, sec. 3-3)
(a) 
The owners of dogs are hereby required to make application to the city for a registration permit. Such applications are to contain information on the dog’s description, date of immunization, and name, address and telephone number of owner. Upon completion of the application and payment of the registration fee established by resolution of the city council, a metal tag will be issued to the owner to be attached to the collar of the dog at all times.
(b) 
Lost or stolen permit tags may be replaced by payment of a fee established by resolution of the city council and presentation of registration application. If a tag and registration application are both lost or stolen, a new license must be purchased at regular fee.
(1995 Code, sec. 3-2)
(a) 
It shall be unlawful for any dog or other animal possessed, kept, or harbored, other than a cat, to run at large, as defined in this article.
(b) 
The supervisor of animal control is authorized to impound such animals running at large, other than a cat, and may impound a cat under conditions specified in section 2.01.006 of this article, and when he has received a complaint that the cat causes a nuisance or hazard to the health or welfare of human or animal population.
(1995 Code, sec. 3-4)
All dogs and cats over four (4) months of age (as required by state law) must be vaccinated annually for rabies with an approved anti-rabies vaccine and administered by a duly authorized veterinarian. A metal certificate of vaccination with the year of vaccination, a certificate number, and the name, address and phone number of the vaccinating veterinarian must be securely attached to a collar or harness that must be worn by the dog or cat at all times. In addition to the metal certificate, a paper certificate must be issued stating the name of the owner, the address of the owner, description of the dog or cat, the date of vaccination, the number of the metal certificate and the kind of vaccine used.
(1995 Code, sec. 3-5)
(a) 
The following animals may be impounded:
(1) 
Cats and dogs not exhibiting evidence of being vaccinated, as described in this article.
(2) 
Any animal infected or kept under conditions which could endanger the public or animal health.
(3) 
Any animal that creates a nuisance.
(4) 
Any animal running at large (see definition in section 2.01.001).
(5) 
Any animal treated in a manner determined by the supervisor of animal control to be cruel or inhumane.
(6) 
Any animal that has bitten a human being or needs to be placed under observation for rabies determination, as determined by an animal control officer.
(7) 
Any animal violating any provision of this chapter.
(8) 
Any poisonous snake, lizard or spider.
(b) 
If any of the animals named in this article are found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until he can notify an animal control officer to come and impound such animal. When so notified, it shall be the duty of an animal control officer to have such animal impounded as herein provided.
(c) 
Reasonable effort shall be made by an animal control officer to contact the owner of any registered animal impounded; however, final responsibility for location of an impounded animal is that of the owner.
(d) 
The owner may reclaim any impounded animal upon payment of impoundment fees, handling fees, and any veterinarian bills incurred by animal control for the welfare of the animal, and upon compliance with the vaccination provisions of this code.
(e) 
Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court of jurisdiction.
(f) 
If any animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from quarantine.
(g) 
The city shall select and establish a place for impounding all animals impounded under any provisions of this chapter.
(h) 
Any animal, except vicious or wild animals, not reclaimed by the owner may be humanely euthanized after being impounded for 72 hours, except that any animal wearing a current vaccination tag shall be impounded for six (6) days.
(i) 
Any impounded vicious or wild animal, unless there is reason to believe that it has an owner, may be immediately disposed of as may be deemed appropriate by the supervisor of animal control.
(j) 
Any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering.
(k) 
Any impounded cat or dog not wearing a vaccination tag may be given up for adoption after seventy-two (72) hours, except those under quarantine. Any impounded cat or dog wearing a vaccination tag may be given up for adoption on the seventh (7th) day of confinement. If the rightful owner appears for his cat or dog within thirty (30) days of adoption, he may redeem the animal by paying the adoptee all documented expenses incurred by the animals.
(l) 
Any impounded animal that appears to be suffering from extreme injury or illness may be euthanized as determined by the supervisor of animal control.
(m) 
Impoundment fees shall be established by resolution of the city council.
(1995 Code, sec. 3-6; 1995 Code, sec. 3-7(a))
(a) 
An individual may adopt an animal (dogs and cats only) from the city animal shelter under the following conditions:
(1) 
The animal has been classified as adoptable by the supervisor of animal control.
(2) 
The prospective adopter has proper facilities to care for the animal.
(3) 
The prospective adopter obtains the necessary vaccination.
(4) 
The fee for adoption shall be in the amount established by city council. The purchaser of any dog or cat must have it vaccinated, spayed or neutered, and obtain a license within thirty (30) days after purchase, or animal control shall have the right of immediate return of the animal to the animal shelter, provided the supervisor of animal control shall allow additional time in the case of dogs or cats less than six (6) months of age.
(b) 
The supervisor of animal control may refuse to allow a person to adopt a cat or dog where he has reason to believe that such person:
(1) 
Does not have proper facilities to contain or care for the animal, as required by this code;
(2) 
Wants the dog or cat for the purpose of resale or for purposes other than pet ownership; and
(3) 
That the cat or dog would be a hazard to humans or other animals.
(1995 Code, sec. 3-7(b), (c); Ordinance adopting Code)
(a) 
The supervisor of animal control shall have the authority to order the quarantine of animals responsible for bite incidents, or suspected of having any zoonotic disease considered to be a hazard to the human population or other animals.
(b) 
(1) 
Every animal that bites a human or attacks another animal in an unnatural manner, or has rabies or any other zoonotic disease, or is under suspicion of having rabies or any other zoonotic disease shall be immediately confined by the owner, who shall promptly notify animal control or an animal control officer of the place where such animal is confined and the reason therefor. The owner shall surrender possession of such animal to animal control on demand for supervised quarantine. Supervised quarantine shall be at the animal shelter or a veterinary hospital, or by any other method of adequate confinement approved by the supervisor of animal control. The quarantine shall be for not less than ten (10) days and shall be under the supervision of a veterinarian, who shall submit to animal control written reports as to the animal’s health on the initial day of observation and on the fifth and the tenth days immediately following the date of said bite incident or above enumerated purpose of quarantine. A release from quarantine may be issued if no signs of rabies or other diseases have been observed during the quarantine period.
(2) 
Any animal quarantined other than at the animal shelter shall be observed by the same veterinarian throughout the entire required quarantine period, in the same manner as outlined above, and the owner shall immediately notify animal control as to the veterinarian supervising the quarantine.
(3) 
If the supervisor of animal control orders quarantine other than in the animal shelter or veterinary hospital, the owner shall be responsible for confining the animal. He shall also be required to obtain the same veterinary supervision of the animal and release from quarantine as required in a veterinary hospital or at the animal shelter.
(c) 
The violation of quarantine by any person shall be just cause for seizure and impoundment of the quarantined animal by animal control. It shall be unlawful for any person to interrupt the observation period.
(d) 
All animal bite reports shall be investigated by the animal control supervisor. Without permission of the animal control supervisor, it shall be unlawful for any person to kill or remove from the city limits any animal that has bitten a person or other animal, or that has been placed under quarantine, except when it is necessary to kill such animal to protect the life of any person or other animal.
(e) 
The supervisor of animal control shall direct the disposition of any animal suspected of being rabid or having any other zoonotic disease considered to be a hazard to any other animal or human being.
(f) 
The carcass of any dead animal exposed to rabies, or suspected of having been rabid, upon demand, shall be surrendered to the animal control supervisor.
(g) 
Every animal that has been bitten by another animal shall be immediately confined by the owner, who shall promptly notify animal control of the place where such animal is confined and the reason therefor. The owner shall not permit such animal to come in contact with any person or animal. Any animal exposed to rabies shall be handled in one of the following manners:
(1) 
Humane destruction, with notification to, or under supervision of, animal control;
(2) 
If not currently vaccinated, quarantine in a veterinary hospital for at least six (6) months immediately following the date of the exposure; or
(3) 
If currently vaccinated, immediate revaccination and quarantine for at least thirty (30) days immediately following the date of exposure.
(h) 
No person shall fail or refuse to surrender an animal for supervised quarantine or humane destruction, as required herein for rabies control, when demand therefor is made by the supervisor of animal control.
(i) 
Any person having possession of, or responsibility for, any quarantined animal shall immediately notify animal control if such animal escapes, or becomes or appears to become sick, or dies; and, in case of death of the animal while under quarantine, shall immediately surrender the dead animal to animal control for diagnostic purposes.
(1995 Code, sec. 3-8)
The following shall be considered a public nuisance and shall be unlawful:
(1) 
The keeping of any animal which by loud and unusual barking, howling or other noise shall disturb the peace and quiet of any person.
(2) 
The keeping of any animal in such a manner as to endanger the public health; to annoy neighbors by the accumulation of animal wastes which cause foul and offensive odors, or are considered to be a hazard to any other animal or human being; or by continued presence on the premises of another.
(3) 
Any animal pens, stables or enclosures in which any animal may be kept or confined which, from use, have become offensive to a person of ordinary sensitivities.
(4) 
The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger personal health and welfare.
(1995 Code, sec. 3-9)
(a) 
It shall be unlawful for any person to sell, offer for sale, barter, or give away as toys, premiums or novelties, baby chickens, ducklings or other fowl under three (3) weeks old; rabbits under two (2) months old; unless the manner or method of display is first approved by the animal control supervisor.
(b) 
It shall be unlawful to color, dye, stain, or otherwise change the natural color of any chickens, ducklings, 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.
(c) 
It shall be unlawful to keep any wild animal inside the city.
(d) 
It shall be unlawful to release or allow to run at large any wild or vicious animal.
(1995 Code, sec. 3-10)
(a) 
Animal control shall make any inspections necessary to assure that any commercial business selling, grooming, showing, exhibiting, or boarding animals shall keep their place of business under sanitary conditions such as not to endanger the public or animal health or create a nuisance.
(b) 
No person shall sell or exhibit poisonous snakes, lizards or spiders.
(1995 Code, sec. 3-12)
(a) 
It shall be unlawful for any person to keep any swine within the city limits except at a location where, because of its rural nature, there is an accessory agricultural use associated with its regular zoning classification or unless and except under the following circumstances:
(1) 
It shall be unlawful for any person to keep, harbor, or raise more than two (2) adult potbellied pigs in any one (1) location within the city. In order for a potbellied pig to be considered an adult potbellied pig, the potbellied pig must be at least six (6) months of age. A person may keep in excess of two (2) potbellied pigs in any one (1) location within the city if the pigs in excess of two (2) potbellied pigs are non-adult potbellied pigs, but under no set of circumstances may such non-adult potbellied pigs come from more than one (1) litter.
(2) 
All such potbellied pigs shall be kept indoors at all times other than times for evacuation of waste material or during exercise periods.
(3) 
All such potbellied pigs shall receive annual vaccinations for erysipelas. It shall be the responsibility of the owner of the pig or the property to forward to the animal control manager an erysipelas vaccination certificate from a licensed veterinarian, which shall include the following information:
(A) 
Name and address of pet owner;
(B) 
Description of the pet;
(C) 
Date of vaccination;
(D) 
Tag number; and
(E) 
Other information as might be required by the city.
(4) 
No person shall keep any potbellied pig at any location within the city unless such person has filed with the city an application for harboring a potbellied pig, and such application has been approved by the building official. The city council may establish by resolution an application fee.
(5) 
For purposes of this section, the term “potbellied pig” shall mean a variety of swine meeting the standards of the North American Potbellied Pig Association, and under no circumstances shall any swine be considered a potbellied pig if its weight exceeds two hundred (200) pounds.
(b) 
Male equines (horses) capable of breeding will be confined in such a manner that said animal will not be dangerous to human beings, and all breeding will be under the control of the owner or handler.
(c) 
Any enclosure, pen, corral, or other restrictive area for livestock shall be constructed in such a way and of such material as to ensure containment of such animal or animals.
(d) 
Hogs or swine, cows, goats, sheep, horses, mules, jack and jennies shall be kept in a suitable pen or enclosure situated not less than three hundred (300) feet from any inhabited dwelling provided that this distance requirement shall not apply to the dwelling of the owner.
(e) 
No person shall keep within the city more than one (1) “large livestock” per acre; provided that the foregoing shall not be construed to prohibit any person engaged in operating a packing house or other similar institution from keeping more than one (1) animal for a temporary period of time awaiting their use in connection with the operation and maintenance of such packing house or other similar institution, however, the limits set forth in this section shall not apply to property zoned AG use.
(1995 Code, sec. 3-13; Ordinance 15-1217 adopted 12/17/15)
Except as hereinafter provided, it shall be unlawful for any person to keep at any one location more than ten (10) fowl and more than two (2) rabbits, and such fowl and rabbits shall be kept in a secure pen or enclosure that is at least thirty (30) feet from any inhabited dwelling, other than that of the owner; provided, however, the limits set forth in this section shall not apply to property zoned agricultural.
(1995 Code, sec. 3-14)
(a) 
The owner or person in possession of animals shall keep yards, pens, and enclosures in which such 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.
(b) 
All persons keeping such animals shall comply with the following sanitary regulations:
(1) 
Manure and droppings shall be removed from pens, yards, and enclosures and shall be handled or disposed of in such manner as to keep the premises free of any nuisance.
(2) 
Mound storage of droppings or manure between such removals shall be permitted only under such conditions as to protect against the breeding of flies and to prevent migration of fly larvae (maggots) into the surrounding soil.
(3) 
The feeding of vegetables, meat scraps, or garbage shall be done only in impervious containers or on an impervious platform.
(4) 
Watering troughs or tanks shall be provided which shall be equipped with adequate facilities for draining the overflow so as to prevent the breeding of flies, mosquitoes or other insects.
(5) 
No putrescible material shall be allowed to accumulate on the premises, and all such material used to feed which is unconsumed shall be removed and disposed of by burial or other sanitary means.
(1995 Code, sec. 3-15)
It shall be unlawful for any person to cruelly beat, or otherwise cruelly mistreat any animal in the city, or to kill, maim, wound, poison or disfigure any domesticated animal, or to unnecessarily fail to provide the same with proper food, drink or shelter; or to leave any animal tied up or confined anywhere day or night for more than six (6) hours at a time without properly feeding, watering, and caring for such animal. This section shall not apply to cattle, swine, chickens, rabbits, or other animals which may be used for food.
(1995 Code, sec. 3-16)
Dangerous wild animals, as defined in V.T.C.A., Health and Safety Code, section 822.101, shall be regulated in accordance with the provisions of V.T.C.A, Health and Safety Code, chapter 822, subchapter E, section 822.101 et seq.
(Ordinance adopting Code)
Dangerous dogs, as defined in V.T.C.A., Health and Safety Code, section 822.041, shall be regulated in accordance with the provisions of V.T.C.A., Health and Safety Code, chapter 822, subchapter D, section 822.041 et seq.
(Ordinance adopting Code)