ARTICLE 2.01 GENERAL PROVISIONS

Off the premises of the owner and not under the direct physical control of the owner or handler by leash, cord, chain, or other similar means of direct physical control. The wearing of a muzzle by a dog shall not be regarded as control under this definition.

Exemption to the definition of “at large”: Dogs that are especially trained to assist officials of government agencies in the performance of their duties, or the training for duties, and which are owned by such agencies are exempt from the definition of at large.

Cat.

A domesticated animal male, female, or neutered Felis catus.

Collar.

Any device securely fastened about the animal’s neck with attached valid rabies [tags] and valid registration tags.

Dangerous animal.

Any wild, dangerous, or undomesticated mammal, reptile, or fowl that is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, physical makeup, nature, or other characteristics, is capable of inflicting serious physical harm or death to human beings or constitutes a danger to human life or property, including, without limitation, wildcats, jaguars, and exotic or poisonous snakes.

Dangerous dog.

A dog that:

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

Local rabies control authority.

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.

Dog.

A domesticated animal male, female, or neutered Canine familiaris.

Final conviction.

A finding of guilty by the city municipal court after the time allowed for appeal has passed or a finding of guilty that is final as a matter of law after a trial de novo appeal to the county court-at-law.

Goat.

A domesticated animal being female or neutered male of the genus and species Capra hircus, not exceeding 23 inches at the withers and commonly referred to as a pygmy or dwarf.

Impoundment fees.

Reasonable expenses that the city incurs, directly or indirectly, incurred by or on behalf of the city for impounding, holding, boarding, seeking the owner of, disposing of, or selling an animal.

Nuisance animal.

Any animal that has been the subject of three nuisance convictions under section 2.01.013.

Owner.

Any person having title to any animal or a person who has, harbors, keeps or causes or permits to be harbored or kept any animal in his care, custody or control.

Premises.

Real estate improved with residential buildings thereon.

Quarantine.

Strict confinement of animals under restraint by closed cage or padlock.

Rabies.

An acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite.

The animal control officer or other person as designated by the city administrator as the local health authority who has the duties as described in V.T.C.A., Health and Safety Code, sec. 826.017(c).

Secure enclosure.

A fenced area or structure that is:

Locked;

Capable of preventing the entry of the general public, including children;

Capable of preventing escape or release of a dog; and

§ 2.01.003 Increased fine for violation in public recreation area.

Clearly marked as containing a dangerous dog.

Veterinarian.

A doctor of veterinary medicine who holds a valid license to practice the profession.

(1995 Code, sec. 170.002; Ordinance 2011-O-410, sec. 2, adopted 7/14/11; Ordinance adopting Code)

Any person who intentionally violates any animal ordinance as prescribed in this chapter while in the boundaries of any city public recreation area is subject to the doubling of all fines imposed by the offense.

(1995 Code, sec. 170.004)

§ 2.01.004 Wildlife preservation and protection.

Purpose.

To aid in preserving and protecting the natural wildlife resources of the city.

Prohibitions.

It shall be unlawful for any person to:

Intentionally and knowingly harm or kill any bird or other fowl within the city limits.

Intentionally and knowingly trap, capture or kill any animal, wild or domestic, for the purpose of fur trading or sale.

Intentionally and knowingly trap, capture or kill any wild animal for the purpose of relocating said animal. Exception: The written authorization of the city animal control authority to a bona fide wildlife relocation specialist.

§ 2.01.005 Duties of animal control officer; impoundment.

Fish anywhere within the city limits and to not be in possession of a valid state fishing license. The city animal control officer is authorized to check any persons found fishing within the city limits for a valid state fishing license.

(5)

Exceed the state parks and wildlife established daily catch limits, or to not comply with the established catch length limits.

(A)

The city animal control officer is authorized to check the catch of any persons found fishing within the city limits to ensure that they do not exceed the established catch and length limits.

(B)

All unlawful catch shall be released back into the water.

(1995 Code, sec. 170.005)

Designation as local health authority.

For purposes of this chapter, the animal control officer (ACO) is designated as the local health authority for the city. The ACO may delegate such authority to persons that he or she finds appropriate as needed to effectuate the provisions of this chapter.

General duties.

The ACO shall issue warnings or citations to owners of animals that own or keep such animals in violation of this chapter. The ACO may impound animals that are owned or kept in violation of this chapter and take such animals to the city kennels, and, as soon as practicable, notify the animal’s owner to claim the animal before the animal is delivered to the contract veterinarian. Upon impoundment, the ACO may deliver the animal to the contract veterinarian for handling and/or disposal, or may hold the animal at the city kennels for a period of 24 hours prior to delivering the animal to the contract veterinarian. The city does grant authority to the contract veterinarian to dispose of an animal not claimed within seventy-two (72) hours of impoundment.

Additional impoundment authority.

The ACO is authorized and empowered to enter upon any land or premises within the city limits and to use reasonable means to take up and impound:

Any animal which is not being kept physically restrained from leaving the premises of its owner or handler;

Any animal suspected of being infected with rabies;

Any dangerous/nuisance dog kept in violation of this chapter; or

Any dog known to have caused the injury or death of another animal, wild or domestic.

(d)

Duties regarding suspected rabid animals.

The ACO shall investigate all reports and notifications regarding any animal that has bitten or scratched another person or animal and/or is suspected of being rabid;

The ACO shall use reasonable means to immediately impound any animal he or she believes is rabid or has exposed a person or another animal to rabies; and

The ACO shall deliver impounded animals that he or she believes are rabid or have exposed a person or another animal to rabies to the contract veterinarian to be quarantined for at least ten (10) days and handled.

(e)

Collection of impoundment fees.

The ACO shall collect impoundment fees, as specified by the council, for all animals that are placed into impoundment.

(1995 Code, sec. 170.020)

§ 2.01.006 Payment of fees and fines.

The owner of any animal which has been impounded for rabies examination, treatment, or disposition pursuant to this chapter shall pay, in addition to the impoundment fees, all reasonable charges incurred by or on behalf of the city in connection with such examination, treatment, or disposition.

The owner of any impounded animal must provide satisfactory proof of the animal’s vaccination at the time the animal is claimed by the owner to the city before the city may release the animal. If the owner does not provide such vaccination proof to the city, the owner shall pay the city a reasonable vaccination fee in addition to the impoundment fees and fines so that the city may vaccinate the animal before releasing it to the owner.

§ 2.01.008 Interference with animal control officer.

The city may not release any animal impounded under this chapter until the owner pays the city all applicable costs, fees, and fines. In the event an owner fails to claim its animal, or refuses or fails to pay all applicable fees, the city may file a lawsuit against the owner to collect the costs, fees, and fines.

(1995 Code, sec. 170.023; Ordinance 2017-O-509, sec. 2, adopted 5/11/17)

§ 2.01.007 Enforcement procedures.

When a person violates section 2.01.013 of this chapter, the ACO may issue a citation, except that if a person violates section 2.01.013(7) (noise disturbance) or section 2.01.013(8) (defecation off of the owner’s premises), the ACO may issue a warning to the person, rather than issue a citation, if the violation is a first offense.

(Ordinance 2017-O-509, sec. 3, adopted 5/11/17)

It is unlawful for any person to knowingly and intentionally interfere with the city animal control officer while in the lawful discharge of his/her duties as prescribed in this chapter.

(1995 Code, sec. 170.003(c))

§ 2.01.009 Compliance with regulations regarding animals exposed to rabies.

It is unlawful for any person to kill or remove any animal that has been exposed to rabies or has exposed rabies to another person or animal without the permission of the ACO, except when it is necessary to kill such animal to protect the life of any person or other animal.

§ 2.01.011 Harboring lost or stray animal.

It is unlawful for any person who owns either an animal reported to the ACO to be rabid or to have exposed rabies to another person or animal, or an animal that the owner knows or suspects to be rabid or to have exposed a person or animal to rabies, to fail or refuse to comply with or to interfere with the provisions of this chapter regarding rabid animals.

(1995 Code, sec. 170.003(d))

§ 2.01.010 (Reserved)

Editor’s note–Former section 2.01.010 pertaining to keeping an animal whose registration certificate has been revoked was repealed in its entirety by section 5 of Ordinance 2017-O-509 adopted 5/11/17. At the request of the city, the provision of Ordinance 2017-O-509 calling for the renumbering of article 2.01 was not incorporated.

It is unlawful for any person, except for a licensed animal welfare society, a licensed veterinary clinic, or the city animal control services, to harbor or keep any lost or strayed animal.

§ 2.01.012 Dogs causing injury or death of another animal.

Whenever any animal shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the city animal control services within twenty-four hours, and the city animal control officer shall impound the animal as prescribed in this chapter.

(1995 Code, sec. 170.003(f))

Impoundment; hearing.

A dog that is determined by the city animal control officer or a peace officer to have caused injury or death to another animal, wild or domestic, within the city limits shall be impounded by the city ACO or the peace officer and delivered to the city contract veterinarian clinic and a court hearing set within 10 days of the date of the incident to determine the disposition of the case.

Any dog found by the court to have injured or killed any animal, wild or domestic, may be ordered to be destroyed by euthanization at the city contract veterinarian clinic.

The owner of the dog is responsible for all impound, euthanization, and disposal fees.

Destruction authorized.

Any dog witnessed by the city animal control officer or a peace officer to have caused injury or death of another animal, wild or domestic, shall, if possible, be impounded by the city animal control officer or a peace officer. If safety factors do not allow for safe impoundment of the dog, the animal control officer is authorized to enter onto any land and may destroy the dog on sight.

Defense.

It is a defense if the animal injured or killed did enter an enclosure designed to keep the dog on its own property and the injury or death occurred in that enclosure.

(1995 Code, sec. 170.024)

§ 2.01.013 Nuisances.

Any and all of the following conditions occurring within the city limits are specifically declared to be nuisances dangerous to the public health that constitute violations of this chapter:

It shall be unlawful for any person to own, harbor, or keep an animal over four (4) months of age that has not been vaccinated against rabies within the preceding twelve (12) months by a veterinarian.

It shall be unlawful for the owner of any unspayed female animal to allow the same to be in or about any public place in the city while in heat (season).

It shall be unlawful for the owner of any animal to allow that animal to threaten, attack, or bite a person or another animal that lawfully has the right to be where he, she, or it is, without provocation, off of the owner’s premises.

§ 2.01.014 Limitations on keeping dogs, cats, potbellied pigs and pygmy or dwarf goats within the city.

It shall be unlawful for the owner of any dangerous animal to fail to directly physically control the vicious animal at all times. For purposes of this subsection, “directly physically control” means to either control by leash, cord, chain, or other similar means of physical restraint of a maximum length of six (6) feet (when the animal is off of the owner’s premises), or to confine said animal within an enclosure adequately constructed and maintained to insure continuous physical restraint or in such other manner as to insure that the animal does not leave the owner’s premises.

(5)

It shall be unlawful for the owner of any animal regulated by this chapter to permit such animal to be off of the owner’s premises without a collar securely fastened to the animal.

(6)

It shall be unlawful for any person to allow a dog, cat, potbellied pig or goat to run at large off the owner’s premises.

(7)

It shall be unlawful for any person to own, keep, or harbor any animal that makes frequent or long-continued noise which is disturbing to persons in the neighborhood who have normal nervous sensibilities.

(8)

It shall be unlawful for any owner of an animal within the city limits to permit or allow that animal to defecate upon any public place or upon any improved property not owned or controlled by the owner, unless such waste is promptly removed by the owner.

(9)

It is unlawful for any person to chain, stake out, or tether any dog on any unenclosed premises in such a manner that the animal may go beyond the property line of its owner, unless such person has permission of the owner or lessee of the affected property; at no time may the dog be allowed access to the public right-of-way.

(10)

It is unlawful for any dog to attack and to cause the injury or death of another animal, wild or domestic, within the city limits.

(1995 Code, sec. 170.030; Ordinance 2017-O-509, sec. 4, adopted 5/11/17; Ordinance 2011-O-410, sec. 3, adopted 7/14/11; Ordinance 2017-O-509, sec. 4, adopted 5/11/17)

Numerical limitation.

It is unlawful for any person to own, keep, harbor, or take care of more than the following number of animals within the city at any one residence or business other than a veterinary services, a veterinary hospital facility or an animal shelter:

One (1) potbellied pig;

Two (2) pygmy or dwarf goats;

Four (4) dogs; or

Four (4) cats.

Weight limitation.

It is unlawful for any person to own, keep, harbor, or take care of any potbellied pig within the city limits that weighs more than one hundred twenty-five (125) pounds or any goat that weighs more than sixty (60) pounds.