When used in this article, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows:
Animal Control Officer.
A person designated by the mayor to receive reports of animal bites, investigate bite reports, insure quarantine of possibly rabid animals and otherwise carry out provisions of the Texas law pertaining to control and eradication of rabies and to enforce the provisions of this chapter.
Cat.
Cat shall mean any live or dead cat (felis catus).
Dog.
Dog shall mean any live or dead dog (canis familiaris).
Harboring.
The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter, or care for a period of ten (10) days.
Owner.
Any person, firm, or corporation who has right of property in an animal or who harbors an animal or allows an animal to remain about his premises for a period of ten (10) days.
Running at Large.
Running at large shall mean 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, or within the limits of the owners private property. An animal within an automobile or other vehicle of its owner, shall not be deemed running at large.
Vaccinated.
Vaccinated means properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed to practice in the State of Texas.
Vicious Animal.
Vicious animal shall mean any individual animal or any species that has on two (2) previous occasions without provocation attacked or bitten any person or other animal, or any individual animal which the animal control officer has reason to believe has a dangerous disposition, or any species of animal which the animal control officer has reason to believe has a dangerous disposition likely to be harmful to humans or other animals.
Wild Animal.
Wild animal shall include all species of animals which commonly exist in a natural unconfined state and are usually not domesticated. This shall apply regardless of state or duration of captivity.
(1981 Code of Ordinances Chapter 2, Section 1)
It shall be unlawful for any person to allow or permit any cows, horses, mules, jacks, jennys, goats, sheep, swine, or any other livestock of any character to run at large upon the streets, alleys, public highways, public parks, public lands, or upon any vacant lot or lots within the city.
(1981 Code of Ordinances Chapter 2, Section 2)
(a) 
No person shall keep or permit to be kept on his premises any unlicensed wild or exotic, vicious or dangerous animal either as a pet, or for breeding, or for display or exhibition purposes, whether gratuitously or for a fee, except as otherwise provided herein.
(b) 
No person shall keep or permit to be kept on his premises any poisonous snake, poisonous reptile or other poisonous or venomous animal either as a pet, or for breeding, or for display or exhibition purposes, whether gratuitously or for a fee, except as otherwise provided herein.
(c) 
No persons shall keep or permit to be kept on his premises any ground hog, skunk, raccoon, opossum, fox, bear, wolf, member of the cat family other than the domestic cat either as a pet, for breeding purposes or for display or exhibition purposes, whether gratuitously or for a fee, except as otherwise provided herein.
(d) 
The animal control officer shall prescribe regulations to insure the safe penning or caging of wild or exotic animals or reptiles, with a view to preventing threats to the public health or the creation of public nuisances.
(e) 
The animal control officer shall not issue a permit for the keeping or displaying of any exotic or wild animal except upon the approval and under the conditions established by the city council.
(f) 
The license fee for a wild and exotic animal display license shall be an amount as set forth in the fee schedule in the appendix of this code.
(1981 Code of Ordinances Chapter 2, Section 3)
The act of permitting a dog to bark repeatedly or a cat to cry repeatedly in such a manner as to disturb the inhabitants of the neighborhood is hereby declared to be a nuisance subject to abatement as provided for in this code.
(1981 Code of Ordinances Chapter 2, Section 5; Ordinance adopting Code)
(a) 
It shall be the duty of the animal control officer to take up and impound any animal found to be in violation of the provisions of this article. Upon impounding any animal, the animal control officer shall, within three (3) days after such animal has been so impounded, post up a written notice at the city hall giving in such notice a description of such animal so impounded and stating a day and place where the same will be sold. Not less than three (3) days from and after the posting of such notice, the animal control officer shall proceed to offer for sale and to sell, if possible, such animal at public sale to the highest bidder for cash. The owner or keeper of such animal may redeem such animal and obtain possession thereof at any time prior to the actual sale of such animal by paying in cash the accrued fees hereinafter levied by this article against such animal.
(b) 
There are hereby levied the fees and charges against each animal so impounded by the animal control officer as set forth in the fee schedule in the appendix of this code. Such fees, when collected, shall be placed to the credit of the general fund of the city.
(c) 
In the event that the owner or keeper of any impounded animal does not redeem the same prior to the actual sale thereof, then the fees and charges hereby levied shall be first deducted from the proceeds of such sale and placed to the credit of the general fund. The balance of the proceeds of such sale, if any, shall be placed in a suspense account and held pending the filing of a claim by the owner. At any time within six (6) months after the day of such sale, the owner of such animal so sold may apply to the city and, upon satisfactory proof of ownership, he shall be entitled to receive the balance of the proceeds of such sale so placed in suspense.
(d) 
Any dog so impounded without the required collar and tag for which no offer is made at such sale and which is not sold at such sale, shall be humanely destroyed by the animal control officer.
(e) 
The animal control officer shall keep or cause to be kept a book in which he shall keep a record or cause a record to be kept of the description of each animal impounded, the date of impoundment, the date of sale, the proceeds realized at such sale, the name of the owner, the name of the purchaser, and the charges levied by this article.
(f) 
It shall be unlawful for any person, without proper authority from the city, to break into, open, pull down the enclosure of, or make any opening into any pound or enclosure used by the city or its officers for the purpose of impounding animals, or to turn out or release any animal from any enclosure being used by the city or its officers for the purpose of impounding animals, or cause same to be done, or aid and abet in doing the same.
(1981 Code of Ordinances Chapter 2, Section 8)
It shall be unlawful for any person owning or harboring any dog or other animal other than a cat, to allow or permit such dog or animal to run at large, as is defined in Section 2.101 of this article.
(1981 Code of Ordinances Chapter 2, Section 9)
(a) 
Vaccinations.
Every owner of a dog or cat four (4) months of age or older shall have such animal vaccinated against rabies. All dogs or cats vaccinated at four (4) months of age or older shall be revaccinated at one (1) year of age and annually thereafter. Any person moving into the city from a location outside of the city shall comply with this section within ten (10) days after having moved into the city. If the dog or cat has inflicted a bite on any person, or another animal, within the last ten (10) days, the owner of said dog or cat shall report such fact to a veterinarian, and no rabies vaccine shall be administered until after the ten (10) day observation period.
(b) 
Certificate of Vaccination.
Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence thereof, a certificate upon a form furnished by the veterinarian. The veterinarian shall retain a duplicate copy. Such certificate shall contain the following information:
(1) 
The name, address and telephone number of the owner of the vaccinated dog or cat.
(2) 
The date of vaccination.
(3) 
The type of rabies vaccine used.
(4) 
The year and number of rabies tag.
(5) 
The breed, age, color and sex of the vaccinated dog or cat.
(c) 
Rabies Tag.
Concurrent with the issuance and delivery of the certificate of vaccination, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated dog or cat a metal tag, serially numbered to correspond with the vaccination certificate number, and bearing the year of issuance and the name of the issuing veterinarian and his address. The owner shall cause the collar or harness, with the attached metal tag, to be worn by his dog or cat at all times.
(d) 
Duplicate Tags.
In the event of loss or destruction of the original tag, the owner of the dog or cat shall obtain a duplicate tag. Vaccination certificates and tags shall be valid only for the animal for which it was originally issued.
(e) 
Proof.
It shall be unlawful for any person who owns or harbors a vaccinated dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement of this article.
(f) 
Harboring Unvaccinated Animals.
It shall be unlawful for any person to harbor any dog or cat which has not been vaccinated against rabies, as provided herein, or which cannot be identified as having a current vaccination certificate.
(g) 
Animals Exposed to Rabies.
Any person having knowledge of the existence of any animal known to have been, or suspected of being exposed to rabies must immediately report such knowledge to the animal control officer, giving any information which may be required. For any animal known to have been, or suspected of being exposed to rabies, the following rules must apply:
(1) 
Animals having a current vaccination must be revaccinated immediately and confined according to the method prescribed by the animal control officer for a period of not less than ninety (90) days.
(2) 
Animals not having a current vaccination should be humanely destroyed. However, if the owner of such an animal elects, he may, at his expense and in a manner prescribed by the animal control officer, confine said animal. Such animal must be vaccinated immediately following exposure and quarantined for not less than six (6) months. A revaccination shall be done one (1) month prior to release from quarantine.
(1981 Code of Ordinances, Chapter 2, Section 10; Ordinance adopting Code)
(a) 
Any person having knowledge of an animal bite to a human shall report the incident to the animal control officer as soon as possible, but not later than twenty-four (24) hours from the time of the incident.
(b) 
The owner of the biting animal will place that animal in quarantine as prescribed herein under the supervision of the animal control officer.
(c) 
The animal control officer will investigate each bite incident, utilizing standardized reporting forms provided by the Texas Department of Health (TDH).
(d) 
Human bites from rodents, rabbits, birds, and reptiles are excluded from the reporting requirements of this section.
(e) 
When a dog or cat which has bitten a human has been identified, the owner will be required to produce the animal for ten (10) days confinement at the owners expense. Refusal to produce said dog or cat constitutes a violation of this section and each day of such refusal constitutes a separate and individual violation. The ten (10) day observation period will begin on the day of the bite incident. The animal must be placed in the animal control facilities specified for this purpose if available. However, the owner of the animal may request permission from the animal control officer for home quarantine if the following criteria can be met:
(1) 
Secure facilities must be available at the home of the animal’s owner, and must be approved by the animal control officer.
(2) 
The animal is currently vaccinated against rabies.
(3) 
The animal control officer or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the animal control officer must be notified by the person having possession of the animal. At the end of the observation period the release from quarantine must be accomplished in writing.
(4) 
The animal was not in violation of any laws at the time of the bite.
(5) 
If the biting animal cannot be maintained in secure quarantine it shall be humanely destroyed and the brain submitted to a TDH certified laboratory for rabies diagnosis.
(f) 
It shall be unlawful for any person to interrupt the ten (10) day observation period.
(g) 
No wild animal will be placed in quarantine. All wild animals involved in biting incidents will be humanely killed in such a manner that the brain is not mutilated. The brain shall be submitted to a TDH certified laboratory for rabies diagnosis.
(1981 Code of Ordinances Chapter 2, Section 11)
It shall be unlawful for the owner or person in control of any unspayed female dog, while such dog is in heat, to allow same to be upon the streets and in public places of the city unless accompanied by the owner or person controlling same.
(1981 Code of Ordinances Chapter 2, Section 12)
It shall be unlawful for any owner or person in control of any vicious or dangerous dog to keep or permit the same in or about any public house, public place, street, or alley in the city.
(1981 Code of Ordinances Chapter 2, Section 13)
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.
(Ordinance adopting Code)
It shall be unlawful for any person in the city to overdrive, override, or overload, or unnecessarily fail to provide the same with proper food, drink and shelter; or in any way treat any dumb animal or fowl with cruelty.
(1981 Code of Ordinances Chapter 2, Section 14)
(a) 
A person commits an offense if he harbors more than three dogs on residential premises. As provided in Section 2.107, these dogs must be vaccinated and licensed with the city.
(b) 
A person commits an offense if he harbors more than three cats on residential premises. As provided in Section 2.107, these cats must be vaccinated and licensed with the city.
(c) 
It is a defense to prosecution under subsection (a)or (b) of this section that:
(1) 
The person holds a permit to operate a kennel; or
(2) 
The person holds a foster caregiver permit.
(Ordinance adopting Code)
It shall be unlawful to keep bees in any area of the city except in those areas where the bee hives will be located at least three hundred feet (300') or more from the nearest dwelling, other than the dwelling of the owner of the bees. It shall further be unlawful for keep bees, regardless of the above limitation, in such numbers that they congregate in excessive numbers on property, other than that of the owner of the bees, in such a way as to interfere with the peaceful occupancy of such other property.
(1981 Code of Ordinances Chapter 2, Section 15)
(a) 
The area contained within the limits of the city is hereby declared to be a bird sanctuary.
(b) 
No person shall shoot at, throw at, wound, maim or kill any bird within the city.
(c) 
No person shall molest, in any manner, the nest of any bird within the city or its contents.
(1981 Code of Ordinances Chapter 2, Section 16)
It shall be unlawful for any person to place or maintain guard dogs in any area for the protection of persons or property unless the following provisions are met:
(1) 
The dogs shall be confined to an enclosed area adequate to insure they will not escape; or.
(2) 
They shall be under the absolute control of a handler at all times when not securely enclosed; and
(3) 
The owner or other persons in control of the premises upon which a guard dog is maintained shall post warning signs on, over or next to all exterior doors stating that such a dog is on the premises. At least one such sign shall be posed at each driveway or entranceway to said premises. Such signs shall be in lettering clearly visible from either the curb line or a distance of fifty (50) feet, whichever is lesser, and shall contain a telephone number where some person responsible for controlling such guard dog can be reached twenty-four (24) hours a day; and
(4) 
Prior to the placing of a guard dog on any property, the person or persons responsible for the placing shall inform the animal control officer, the police department and the fire department, in writing, of their intention to post said dog or dogs, the number of dogs to be posted; the location where said dog or dogs will be posted, the approximate length of time said dog or dogs will be posted, the approximate length of time said dog or dogs will be guarding the area, the daily hours said dog or dogs will be guarding the area, the breed, sex, age and rabies tag number of said dog or dogs. Such notice must be renewed every six (6) months.
(1981 Code of Ordinances Chapter 2, Section 17)
(a) 
License Required.
No person shall keep livestock or poultry within the city limits, without first obtaining and thereafter keeping in force a license permitting him to do so.
(b) 
Hogs and Pigs.
Hogs and pigs are specifically excluded from the licensing procedure of the city.
(c) 
Regulations.
Licenses shall be granted or allowed to remain in force only when regulations as follows are observed:
(1) 
Livestock or poultry shall be kept within structures or enclosures and not permitted to run at-large.
(2) 
To prevent the same from serving as breeding places for insects and from emitting noxious odors, manure or dung incident to the maintenance and care of the livestock or poultry shall be scraped from roosts and floors and raked from the structures or enclosures within twenty-four (24) hours after being dropped or deposited by the livestock or poultry. The manure or dung so collected shall either be placed and kept in containers that are watertight and insect-proof until removed or treated and kept treated with chemicals that will effectively repel flies and other insects.
(3) 
The structure or enclosure within which any livestock or poultry are confined shall not be less than one hundred fifty (150) feet from any residence.
(d) 
Licenses; Applications; Inspections; Cancellations.
The procedure and requirements for the granting and keeping in force of licenses shall be as follows, to wit:
(1) 
Any person desiring a license permitting him to keep livestock or poultry within the city limits shall file an application with the city secretary on a form provided by said secretary for that purpose. Said application shall among other things call for the name and address of the applicant, estimated average number and types of livestock or poultry to be kept, description of the structures and facilities to be used for the enclosure of the livestock or poultry and for the disposal of manure and debris incident to their maintenance and care, and the distance to the adjacent residence from the outside boundaries of the structure or fence in which the livestock or poultry are to be enclosed.
(2) 
The application shall be accompanied by a fee in an amount as set forth in the fee schedule in the appendix of this code.
(3) 
When an application has been filed in due form, the city secretary shall turn the same over to the city health officer and/or animal control officer, who shall inspect the facilities wherein the livestock or poultry is to be kept, and prepare an opinion as to whether the same are in compliance with the regulations herein above provided.
(4) 
The application, with the opinion of the city health officer and/or animal control officer attached, shall then be submitted to the city council, which shall then pass on the application.
(5) 
The city health officer and/or animal control officer may periodically on his own initiative, and shall upon written complaint of the chief of police or any other resident of the city, make an inspection as to whether the regulations as hereinbefore provided are being observed. If he finds that the aforesaid regulations are violated, he shall prepare and file a statement of that effect with the city secretary. The city council shall then give ten (10) days notice by publication of a hearing. If after a hearing the city council finds the aforesaid regulations have been violated, it shall then order the permit to be canceled. In addition to the cancellation of the permit, charges may be filed in municipal court as provided in this article against any person violating the terms of this portion of the article.
(6) 
Show animals for FFA or 4H are only permissible September through April provided that a neighbor agreement is signed and advisory approval is granted. Neighbor agreement can be obtained at city hall through the city secretary and then advisory approval will be through the West Sabine Ag Department or Sabine County Extension Agent.
(Ordinance 245 adopted 8/18/22)
(a) 
No farm animals, including but not limited to, horses, goats, cows, chickens, sheep, ducks, geese and turkeys shall be kept on premises or less than two (2) acres. In no case shall such animals be kept or maintained within one hundred (100) feet of any dwelling occupied by any person other than that of the owner of such animals.
(b) 
It shall be unlawful to ride or allow any type of livestock upon any public school grounds, public park grounds or municipal grounds within the city except within public street rights-of-way or areas specifically designated as bridle paths or other designated riding or exhibiting areas for animals. On streets, horses shall be ridden as close as practicable to the curb or edge of the pavement.
(c) 
It shall be unlawful for any person to willingly permit any animal to enter or remain inside any establishment in the city wherein food is sold except seeing eye dogs. This article does not prohibit the selling of live crustaceans or shell fish sold as food.
(1981 Code of Ordinances Chapter 2, Section 19)
No poultry or livestock other than normal household pets shall be housed within one hundred feet (100') of any property line.
(1981 Code of Ordinances Chapter 2, Section 20)