The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, exception where the context indicates a different meaning.
Abandoned animal.
Any animal that has not been provided with one (1) or more of the necessities of life including air, food, water or protection from the sun and other elements of nature or has been left in the custody of another person without their consent.
Adult animal.
An animal that is six (6) months of age or older.
Animal.
Any live, vertebrate creature, domestic or wild.
Animal control authority/officer.
The office and person or persons designated by the city as the animal control authority, whether one or more, or his or her designee.
Animal control facility.
A facility operated by the city for purpose of impounding or caring for animals held under the authority of this chapter or state law.
At large.
(1) 
Off premises.
Any animal which is not restrained by means of a leash of sufficient strength and not more than six (6) feet in length to control the actions of such animal while off the owner’s property.
(2) 
On premises.
Any animal not confined on premises of owner by substantial fence of sufficient strength and height to prevent the animal from escaping therefrom.
Cat.
A domesticated animal that is a member of the feline family (Felis domesticus).
Commercial animal establishment.
Any pet shop, auction, riding school or stable, zoological park, circus, recurring animal exhibition or kennel.
Commercial breeder.
Any person(s) who:
(1) 
Breeds dogs or cats;
(2) 
Sells or otherwise transfers possession of the offspring of a breeding dog or cat to another person for the purpose of breeding, show, personal pet or resale to a third person; and
(3) 
Sells or otherwise transfers possessions of more than twelve (12) dogs or twelve (12) cats, or more than (2) litters (whichever is greater) or any combination within any twelve-month period for a purpose as described in subsection (1) of this definition.
Currently vaccinated.
Vaccinated against rabies and satisfying the following criteria:
(1) 
The animal must have been at least three (3) months of age at the time of vaccination;
(2) 
At least thirty (30) days have elapsed since the animal was vaccinated; and
(3) 
Not more than (12) months have elapsed since the date of the most recent vaccination of the animal.
Dangerous animal.
Any animal that inflicts bodily injury on any person or animal subject to the further provisions hereof.
Dog.
A domesticated animal that is a member of the canine family (Canis familiaris).
Enforcement officer.
Any person designated by the city to represent and act for the city in the impounding of animals, controlling of animals running at large and as otherwise required to enforce the provisions of this chapter and to enforce all regulations relating to animals as authorized by the state. This person will be a member of the animal control authority or any member of the police department of the city.
Harboring.
The act of keeping and caring for an animal or providing premises to which the animal returns for feed, shelter or care for a period of three (3) consecutive days.
Kennel.
(1) 
Any lot, building, structure, enclosure or premises where five (5) or more adult animals are kept; and
(2) 
Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other animals.
Livestock.
All domesticated animals, including but not limited to horses, cows, mules, goats, sheep, pigs, hogs, rabbits, and pigeons, and does not include dogs and cats.
Micro-chip.
A computer chip that is preprogrammed with a unique alphanumeric combination code which is inserted into the animal.
Notice/official notice.
Whenever notice is required by the animal control authority or an enforcement officer it shall mean notice by personal service, certified mail return receipt requested, or a written notice left at the entrance to the premises where the animal is harbored.
Owner.
Any person, trust, partnership, corporation, or any other entity owning, keeping, or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more. Persons feeding feral cat colonies shall not be construed as owning, harboring, or keeping those cats.
Pet.
Any animal kept for pleasure rather than utility.
Restraint.
Secured by a leash, lead, cord, chain or rope six (6) feet or less in length; or secured within a kennel or pen, or secured within the fenced real property limits of its owner, and may not come any closer than six (6) feet to a public walkway or sidewalk when the restraint lead is stretched to full length.
Secure enclosure.
A fenced pen, kennel or structure that is locked, and is capable of preventing the entry of the general public, including children; is capable of preventing the escape or release of an animal; is clearly marked as containing a quarantined/dangerous animal; and is in conformance with any additional requirements for enclosures, as established and provided in writing to the owner by the animal control authority. Enclosures described are not secure enclosures for animals determined to be dangerous.
Tract.
A contiguous parcel of land under common use or ownership.
Undeveloped property.
Any land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school, or governmental facilities or other structures or improvement intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes.
Vaccination.
An injection of United States Department of Agriculture approved rabies vaccine administered every twelve (12) months or as prescribed by the state board of health by a licensed veterinarian.
Veterinary hospital/clinic.
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
Vicious animal.
Any individual animal that has without provocation attacked or bitten any person or other animal, or any individual animal which the local animal control officer or his/her representative has reason to believe has a dangerous disposition likely to be harmful to humans or other animals.
Wild/prohibited animal.
Any live animal, other than a common domestic species, regardless of the state or duration of captivity which can be normally found in the wild state, or may pose a potential physical or disease threat to the public or that is protected by international, federal, or state regulations, including those listed in section 822.101 of the Texas Health and Safety Code and the following if not so listed:
(1) 
Class Reptillia.
Family Heldermatidea (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), Hydrodynastes gigas (watercobra), Bioga (mangrove snake), and Thelotornis (African twig snake) only; Order Phidia, Family Boidae (racers, boas, water snakes, and pythons); and Order Crocadilla (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, martins, mink, and badgers) except domestic ferrets (Mustela putorius furo); Family Procyonidae (raccoon); Family Ursidae (such as bears); Order Marsupialia (such as kangaroos, wallabies 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), unless the Order Ungulata are located on premises which meet the definition of the farm/ranch;
(4) 
Animals not listed.
Animal control officer may declare any species of animal not listed in this subsection as “prohibited” if the confinement of the animal within the city can be shown to constitute a threat to public health and safety; and does not mean any bird kept in a cage or aviary that is not regulated by international, federal, or state law, or a gerbil, hamster, guinea pig, or laboratory mouse or rat.
Zoological park.
Any facility other than a pet shop or kennel, displaying or exhibiting one (1) or more species of nondomesticated animals, operated by a person, partnership, corporation, or governmental agency.
(Ordinance 072-07-2009, sec. 1 (5-3-1), adopted 11/23/09)
(a) 
Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in section 1.01.009 of this code. Any punishment provided for in the statutes of the state (for example cruelty to animals under section 42.09 of the Texas Penal Code) or civil penalties permitted to be assessed, may be applied whenever a violation hereof is also a violation of state law.
(b) 
In addition to the penalties provided above, procedures and penalties (both civil and penal) set forth in the laws of the state with regard to the treatment, registration, keeping or use of animals which are permitted to be adopted by municipalities are specifically adopted hereby by the city. Each day a violation continues shall be deemed a separate offense.
(c) 
The city shall be entitled to pursue all other criminal and civil remedies to which it is entitled under the authority of other ordinances or state law.
(Ordinance 072-07-2009, sec. 1 (5-3-2), adopted 11/23/09)
(a) 
The provisions of this chapter shall be enforced by any enforcement officer and such persons shall have the authority to issue citations to persons violating the provisions of this chapter.
(b) 
It shall be unlawful for any owner or person to interfere with an enforcement officer in the performance of his or her duties as prescribed by this chapter.
(c) 
Those enforcing the provisions hereof shall have the right to pursue and apprehend animals running at large onto private property while enforcing the provisions of this chapter, and shall not be guilty of trespass while doing so.
(Ordinance 072-07-2009, sec. 1 (5-3-3), adopted 11/23/09)
(a) 
The city secretary or his/her designee shall be responsible for collecting all fees established and levied in accordance with this chapter. The chief of police or his or her designee shall have the authority to refund or waive fees under this chapter. Any refund or waiver of fees shall be documented by the chief of police or his or her designee. All fees applicable hereunder shall be established by ordinance of the city council, and are set forth in the section 2.01.005.
(b) 
Fees imposed by this chapter shall not be required for dogs trained to assist auditory or visually impaired persons or for government police dogs.
(Ordinance 072-07-2009, sec. 1 (5-3-4), adopted 11/23/09)
(a) 
Impoundment: Shall be charged in accordance with the contractual agreement between the city and the service provider for animal control services, as amended.
(b) 
Boarding fees: Shall be charged in accordance with the contractual agreement between the city and the service provider for animal control services, as amended.
(c) 
City registration: Shall be as set in the fee schedule of this code.
(d) 
City manager has the option to lower the registration fee at city’s rabies clinic.
(Ordinance 321-11-2017, ex. A, adopted 4/10/17)
(a) 
There is hereby created an animal shelter advisory committee. The committee shall be composed of seven (7) persons with the following qualifications: one licensed veterinarian; one animal welfare organization representative; one city official; one city animal shelter employee; and three (3) at-large persons. Persons appointed to such positions by the city council shall serve for a term of two (2) years, so long as they do not fail to attend more than two (2) meetings of the committee in succession. In that event, or in event of a resignation from the committee, the city council shall name a successor from the same representative group.
(b) 
The committee shall meet at least three (3) times each year and shall perform the following duties: This committee adopts procedural rules, as it shall deem necessary to govern its meetings and work effectively to review, revise, and recommend that the appropriate animal shelter laws approved are implemented pursuant to the Texas Health and Safety Code section 823.005. Committee meetings will be scheduled three times per year.
(Ordinance 072-07-2009, sec. 1 (5-3-24), adopted 11/23/09)
It shall be unlawful for any owner or person to allow an animal to be at large. All animals shall be kept under restraint. It shall be a defense to the six-foot length restriction under the definition of at large if the animal is participating in an organized training or demonstration event, in which case the animal must be restrained by a leash or chain of sufficient strength and length to control the animal’s actions, and it shall also be a defense to the six-foot limitation of the length of the leash, when the animal and the person accompanying it are not in reasonable proximity to any other person or animal, or when such other person or persons in the vicinity consents to the use of a longer leash, and it shall be a defense to the six-foot limitation of the length of the leash if an animal which is not confined or restrained is in a public area designated and posted for the free run or play of animals.
(Ordinance 072-07-2009, sec. 1 (5-3-13), adopted 11/23/09)
(a) 
The animal control authority or any enforcement officer may take up and impound any animal found at large or otherwise in violation of this chapter. If the owner, keeper, or harborer of such animal is known or can be readily ascertained the animal control officer shall notify him by telephone, personal service, certified mail, or door tag not later than twenty-four (24) hours following the beginning of the next business day after such impoundment or after obtaining owner information.
(b) 
If impoundment of a dangerous animal is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to seize or impound a dangerous animal from the premises of the owner or harborer and the impoundment cannot be made with safety, the owner or harborer will be given twenty-four (24) hours’ notice that if the said animal is not surrendered to the animal control division for impoundment within said twenty-four-hour period, then the animal will be destroyed wherever it is found. Notice under this section shall be in writing. A written notice left at the entrance to the premises where the dangerous animal is harbored will be considered valid notice under this section. In lieu of surrendering the animal to animal control, an owner may permanently remove said animal from the city, if written proof of destination is provided to the animal control authority.
(c) 
The owner, keeper, or harborer of any animal impounded under this section may redeem same within five (5) weekdays following notification of the person listed on the city’s tag application or within five (5) weekdays following impoundment if there is no city tag on the animal at the time of impoundment, by payment of applicable impounding fees and boarding fees as established by the city council, and by providing proof, as may be required by the animal control authority of the ownership or right to possession of the animal.
(d) 
Any person desiring to adopt an impounded cat or dog or other animal identified as adoptable by the animal control officer may do so upon payment of the applicable fee as established by city council. The decision as to whether or not an animal may be adopted by any particular person or entity is exclusively within the discretion of the animal control authority.
(e) 
Any owner or person redeeming an animal from the animal control authority must have the animal vaccinated and registered with the city within five (5) days of the release of the animal unless registration and vaccination are then effective and valid.
(f) 
Any owner or person adopting an animal from the animal control authority must have the animal vaccinated and registered with the city within five (5) days of the release of the animal.
(g) 
The city shall comply with all sterilization laws as set forth in chapter 828, Texas Health and Safety Code. Any impounded animal adopted from the animal control facility, if not sterilized and vaccinated must be sterilized and vaccinated.
(h) 
All impounded animals not redeemed within the above-described ten (10) weekdays shall become the property of the animal control authority, all ownership rights for the animal shall transfer to the animal control authority, and the animal may be released to a humane organization, placed for adoption, or humanely destroyed at the discretion of the animal control authority. No animal may be adopted or sold for purposes of research.
(i) 
Any owner or person redeeming an unsterilized animal from the animal control authority, for the fifth time within any twelve-consecutive-month period or for the second time within any twelve-consecutive-month period for any animal which has been determined to be a dangerous animal must have the animal sterilized.
(Ordinance 072-07-2009, sec. 1 (5-3-14), adopted 11/23/09; Ordinance 463-13-2021 adopted 11/18/21)
(a) 
It shall be the duty of the animal control officer to keep the records of the animal control department, which records shall consist of records concerning impoundment and disposition of animals coming into custody, bite cases, adoption and vaccination and sterilization records for all animals adopted or released from the city’s animal shelter.
(b) 
It is expressly provided that the personal information about any individual that sterilizes or vaccinates an animal through or by agreement with the city or adopts an animal from the city shall remain confidential and shall not be subject to public disclosure. This personal information shall include the identity of the person sterilizing, vaccinating or adopting an animal, the name of the new owner of an animal adopted, those persons’ addresses, telephone numbers, driver’s license numbers or other personally identifying information. Further, such other information may be declared confidential by state or federal law including the provisions of chapter 826 of the Texas Health and Safety Code, as may be amended from time to time, and shall not be subject to public disclosure.
(Ordinance 072-07-2009, sec. 1 (5-3-15), adopted 11/23/09)
(a) 
Chickens or ducklings younger than eight (8) weeks of age may not be sold in quantities of less than ten (10) to a single purchaser except if the animals are sold as part of a sanctioned FFA or 4H project.
(b) 
No person shall knowingly expose any known poisonous substance, whether mixed with food or not, so that the same may be eaten by any pet or domestic animal, provided however, that the application of pesticides which are commercially available and which are properly applied to control pests shall not constitute a violation of this section.
(c) 
No owner or person shall:
(1) 
Deprive an animal of sufficient good and wholesome food or water, adequate shelter and protection from weather, veterinary care (when needed to prevent suffering), and humane care and treatment;
(2) 
Beat, cruelly ill-treat, torment, mentally abuse, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dog fight, cock fight, bull fight, or other combat between animals or between animals and humans; or
(3) 
Abandon any animal in their custody.
(d) 
No person shall transport or carry on any public roadway any animal in a motor vehicle unless the animal is safely enclosed within the vehicle, and if traveling in an unenclosed vehicle the animal shall be confined by a vented container or cage, or by chain, rope or other device cross-tied to prevent the animal from falling or jumping from the motor vehicle or from strangling on a single leash.
(e) 
No owner or person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal’s health, safety or welfare. Any animal control officer or police officer is authorized to use reasonable force, including the breaking of a side window, to remove an animal from a vehicle whenever it appears the animal’s health, safety or welfare is or soon will be endangered. If the life of the animal is in immediate danger, said animal may be impounded in the discretion of the animal control officer.
(f) 
The animal control authority may liberally utilize the authority granted by section 821.022 of the Texas Health and Safety Code to seize any animal, if the animal control authority has reason to believe that an animal has been or is being cruelly treated. Seizure of the subject animal prior to receiving a warrant is hereby authorized if such a delay endangers the life or if it would unreasonably prolong the suffering of the subject animal requiring veterinary care.
(g) 
No owner or person shall sell, trade, barter, lease, rent, give away, or display for a commercial purpose, any live animal, on any roadside, public right-of-way, commercial parking lot, or any flea market. Pilot Point Adopt-A-Pet is exempted.
(Ordinance 072-07-2009, sec. 1 (5-3-18), adopted 11/23/09)
(a) 
It shall be unlawful and constitute a public nuisance for any person to maintain any animal or fowl in such a manner or allow any pen, enclosure, yard or similar place used for the keeping of animals or fowl to become unsanitary, offensive by reason of odor, or create a condition that is a breeding place for fleas or other vector and which is offensive to persons of ordinary sensibilities residing in the vicinity thereof or is determined to be a public nuisance by any enforcement officer.
(b) 
It shall be unlawful and constitute a public nuisance for any person to maintain any animal or fowl that repeatedly roams at large in violation of this chapter on public or private property, attacks another animal(s) or damages public or private property.
(c) 
It shall be unlawful and constitute a public nuisance for the owner of any animal to allow any excreta deposited by his animal to remain on public or private property. The creation of any condition injurious to public health caused by the lack of or improper disposal of animal waste will also be considered a violation of this section.
(d) 
Subject to the noise ordinance of the city, it shall be unlawful and constitute a public nuisance to keep any animal which, by causing frequent or long continued barking, howling, crowing, meowing, or other noise shall disturb any person of ordinary sensibilities residing in the vicinity of the premises where the animal is kept, housed or harbored.
(e) 
It shall be unlawful for any owner or person to allow any animal to remain a public nuisance as defined herein.
(f) 
It shall be unlawful to keep or harbor more than three (3) dogs and three (3) cats in the aggregate six (6) months of age or older on any premises used or zoned for residential purposes, unless otherwise restricted by the zoning ordinance.
(g) 
It shall be unlawful for any owner or person to allow any animal to run at large.
(h) 
Swine is prohibited from the city limits.
(Ordinance 072-07-2009, sec. 1 (5-3-19), adopted 11/23/09)
(a) 
It is unlawful for any person to keep, or allow to be kept, bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health, safety and welfare of the inhabitants of the city. Honeybees may be kept if the following conditions are met:
(1) 
All hives shall be located a minimum of one hundred and fifty feet (150') from any inhabited dwelling other than that of the person keeping such bees;
(2) 
No more than three (3) hives shall be allowed on lots or tracts of land less than one (1) acre in area; and
(3) 
There is an adequate source of water within twenty feet (20') of all hives.
(b) 
Any hive contaminated with or known to have Africanized honey bees (killer bees) shall be destroyed by a qualified beekeeper at the owner’s expense.
(Ordinance 072-07-2009, sec. 1 (5-3-21), adopted 11/23/09)
(a) 
Only humane live-animal traps may be used for capturing animals roaming, unrestrained in the city. The use of steel jaw traps to apprehend animals is prohibited. As an exception to this section, governmental agencies and entities shall be permitted to use such traps and equipment as necessary and permitted by state law or regulation.
(b) 
No person shall remove, alter, damage, or otherwise tamper with a trap or equipment set out by the animal control authority.
(Ordinance 072-07-2009, sec. 1 (5-3-22), adopted 11/23/09)
Any person, owner, handler, keeper of a cat or dog must provide humane conditions for such animals as follows:
(1) 
Enclosure.
Any dogs confined within a fenced yard must have at least 100 square feet for two dogs maximum for the animal’s use and exercise. Where dogs are kept or housed on property without a fenced yard, the owner of such dogs, or persons having custody of such dogs, shall provide an enclosure containing not less than 100 square feet for two dogs maximum for the animal’s use and exercise. Such enclosure shall be constructed of chainlink fencing or similar type materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of the enclosure shall be covered with materials to provide the dog with shade and protection from the elements.
(2) 
Shelter.
The owner or other person having custody of an animal must provide a shelter for the animal. The shelter must be constructed and maintained in such a manner to allow the animal to remain dry and protected from the elements including sun. Such shelter shall be fully enclosed on three sides, roofed and have a solid floor with bedding appropriate to the season. The entrance to the shelter shall be flexible to allow the animal’s entry and exit, and sturdy enough to block entry of wind and rain. The shelter shall be small enough to retain the animal’s body heat and large enough to allow the animal to stand and turn comfortably. The enclosure shall be structurally sound and maintained in good repair.
(3) 
Food/water.
The owner or other person having custody of an animal must provide wholesome and nutritious food appropriate for the age and size of the animal. Fresh clean water must be available at all times. The water container must be of adequate size and affixed in a manner such that it cannot easily be accidentally emptied.
(4) 
If the enforcement officer determines that any owner, harborer or keeper of an animal is in violation of these provisions relating to the humane care of the animals, he or she will notify the owner, harborer or keeper of the animal of the violation by door tag, personal service or certified mail to immediately remedy the violation, and specifying a time for compliance, not to exceed three (3) days following which, if the person has not complied with the requirements of the enforcement officer, the person may be found guilty of a violation of this chapter. After the second conviction within any six-month period, the enforcement officer may apply to the municipal judge for a warrant to seize such animal. The animal will be impounded at the city animal control facility. The municipal judge will hold a hearing and determine the disposition of the impounded animal which shall be, in the judge’s determination, to the owner of the animal, to a humane organization designated by the animal control officer, or to the city animal control facility for humane destruction, which destruction shall occur following any required appeal period has expired.
(Ordinance 072-07-2009, sec. 1 (5-3-23), adopted 11/23/09)