As used in this chapter the following terms mean:
4-H/FFA animal.
A 4-H/FFA animal is any animal under the control of an authorized
4-H or FFA program.
Animal.
Any living creature except human beings, and including (without
limiting the generality thereof) animals, birds, reptiles and fish,
except the word “animal” shall mean only a mammal when
referring specifically to the control of rabies.
Bite.
An abrasion, scratch, puncture, tear or piercing of the skin
actually or suspected of being caused by the mouth of any animal.
Breeder.
Any person licensed by the city to keep, harbor, breed and/or
raise in excess of four (4) dogs or four (4) cats, six (6) months
of age or older, on any premises used or zoned for residential purposes
and less than two acres in area.
Collar.
A band, chain, harness or other suitable device worn around
the neck of an animal to which a current rabies vaccination tag can
be affixed.
Current vaccination.
Vaccinated and satisfying the following:
(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 initial vaccination.
(3)
Not more than thirty-six months have elapsed since the most
recent vaccination.
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 dog 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.
Exotic animal.
An exotic animal is any animal that is not indigenous to
the state of Texas. Exotic animals include the following: feral hog,
Russian boar, aoudad sheep, axis deer, elk, elk hybrids, sika deer,
fallow deer, red deer, and blackbuck and nilgai antelope.
Exotic fowl.
An exotic fowl is any avian species not indigenous to the
state of Texas. Exotic fowl include the following: guineas, peacocks,
ratites, emu, ostrich, rhea, and cassowary.
Exposed to rabies.
An animal has been exposed to rabies if it has been bitten
by any other animal or if it has been in contact with any animal known
to be, or suspected of being infected with rabies.
Euthanize.
To cause death of an animal by a method which:
(1)
Rapidly produces unconsciousness and death without visible evidence
of pain or distress; or
(2)
Utilizes anesthesia produced by an agent that causes painless
loss of consciousness, and death following such loss of consciousness.
Including.
The term including is not a term of limitation. It means
“including but not limited to.”
Kennel.
A place where animals are bred and boarded that has been
approved by the animal control officer.
License.
A document issued by the officer or any other employee of
the city that shows that the owner is entitled to keep an animal as
required by this chapter. The term license includes the term permit.
Livestock.
Cattle, horses, mules, asses, sheep, goats, llamas, alpacas,
exotic livestock, hogs, and miniature versions of same, unless otherwise
defined.
Officer.
Any animal warden or animal quarantine investigator employed
by the city police department.
Owner.
Any person who owns, harbors, handles, keeps or causes or
permits to be harbored, handled, or kept, or has in his care, an animal
or bird on or about his premises.
Person.
The word “person” shall extend and be applied
to associations, corporations, firms, partnerships and bodies politic
and corporate as well as to individuals.
Pet shelter.
A facility that is approved to keep and care for animals
by the animal control officer. The facility houses homeless, lost
or abandoned animals: primarily a large variety of dogs and cats.
The animals are kept at the shelter until they are either reclaimed
by an owner, adopted by a new owner, placed with another organization,
or if necessary, euthanized.
Public nuisance.
Any act, condition, or thing existing, done, or in being
within the city, or within the city’s extraterritorial jurisdiction,
which endangers the public peace, property, health and safety of the
citizens of the city. [Sec. 6.04.001 of Code of Ordinances].
Secure enclosure.
A fenced area or structure that is:
(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.
Tag.
A small identifying mark.
Vaccination.
Inoculation of an animal with a vaccine that is licensed
by the United States Department of Agriculture, and which is administered
by a veterinarian for the purpose of immunizing the animal against
rabies.
Veterinarian.
A doctor of veterinary medicine who holds a valid license
to practice his profession.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.101; Ordinance 1237 adopted 11/7/17; Ordinance 1243 adopted 2/6/18)
(a) It
shall be the duty of the animal control officer and the city police
department to enforce the provisions of this chapter.
(b) It
shall be the duty of the city police department to keep, or cause
to be kept, accurate records pertaining to bite incidents and investigations
thereof, impoundments and dispositions thereof, and any other information
as deemed necessary by the city council.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.102; Ordinance 1237 adopted 11/7/17)
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, fined in accordance with the general penalty provision set forth in section
1.01.009 of this code, except that a first offense shall be punishable by a fine not exceeding two hundred and fifty dollars ($250.00).
(Ordinance 1237 adopted 11/7/17)
If any court determines that any dog or other animal disturbs
the peace and quiet of the neighborhood or occupant of any adjacent
premises by loud, unusual or prolonged barking or howling, the court,
after a hearing, may order that such dog or other animal be removed
permanently beyond the city corporate limits or delivered to the animal
control officer. Failure or refusal to remove the animal within twenty-four
(24) hours after receiving an order shall be deemed an offense. A
copy of the notice of the hearing detailing the time, date, place
and purpose, personally delivered or enclosed in a correctly addressed
envelope to the owner, postage prepaid, and deposited in the United
States mail within not less than ten (10) days prior to the date of
the hearing, shall be deemed sufficient and proper notice.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.103; Ordinance 1194 adopted 5/3/16; Ordinance 1237 adopted 11/7/17)
(a) A
reward is hereby offered by the city to any person who furnishes testimony
or evidence leading to the conviction of any person or persons who
willfully poisons or kills any animal within the city.
(b) The
finance officer is directed, upon recommendation of the city manager,
to pay a reward to any person who is entitled to receive it in accordance
with this section.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.104; Ordinance 1237 adopted 11/7/17)
(a) An
animal’s owner shall keep the animal in a clean, sanitary, and
healthy condition. An animal’s owner shall provide for the animal:
(1) Regular and adequate amounts of nutritious food that is appropriate
for the species and maintains the animal in good health;
(2) A constant and adequate supply of clean, fresh water that keeps the
animal hydrated for current environmental conditions; and
(3) Care and medical treatment for injuries, parasites and diseases that
is sufficient to maintain the animal in good health and minimize suffering.
(b) An
animal’s owner shall provide the animal with shelter that:
(1) Is large enough for the animal to enter, stand, turn around, and
lie down in a natural manner;
(3) Provides the animal with shade from direct sunlight; and
(4) Protects the animal from excessive heat and cold and other adverse
weather conditions.
(c) An
animal’s owner shall regularly maintain the animal and its shelter
to prevent odor or a health or sanitation problem.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.105; Ordinance 1194 adopted 5/3/16; Ordinance 1237 adopted 11/7/17)
A peace officer or the animal control officer may apply to the
municipal court or to the applicable county court for a warrant to
seize a cruelly treated animal. If the animal control officer provides
sufficient proof of probable cause, the court shall issue a warrant
and set a hearing within 10 days of issuance of the warrant to determine
if the animal has been cruelly treated. The animal control officer
shall impound the animal and provide notice to the owner in accordance
with chapter 821 of the Texas Health and Safety Code.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.801; Ordinance 1237 adopted 11/7/17)
It shall be unlawful for any person to abandon or dump any animal
in the city. After leaving notice, the animal control officer has
the authority to impound any animal that appears to be abandoned.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.106; Ordinance 1194 adopted 5/3/16; Ordinance 1237 adopted 11/7/17)
It shall be the duty of every person to report immediately to
the police department the location and description of any animal which
is not under the owner’s direct control by a leash or tether.
Any animal that is not on a leash or under the owner’s direct
control by leash or tether as reasonably determined by the animal
control officer is deemed an unlawful animal at large and the animal’s
owner may be cited as in violation of this chapter.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.107; Ordinance 1194 adopted 5/3/16; Ordinance 1237 adopted 11/7/17)
(a) Every
person owning or having charge, care, custody or control of any domestic
animal or bird shall keep the animal or bird under his control by
means of physical restraint as follows:
(1) Confined in the backyard of the premises of the owner within a fence, kennel, dog run, or enclosure that meets the requirements of section
2.01.006;
(2) Under the control of a person by a leash;
(3) On or within a vehicle being driven or parked; or
(4) Confined inside a building.
(b) Any
domestic animal or bird in violation of this section may be seized
and impounded by the police department.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.109; Ordinance 1237 adopted 11/7/17)
(a) The
owner of a fierce, dangerous, or vicious animal shall confine the
animal within a building or enclosure. An animal is “confined”
as the term is used in this section if the animal is securely confined
indoors or confined in a secure enclosure which meets the following
requirements:
(1) The enclosure must have secure sides and a secure top, or all sides
must be at least eight (8) feet high;
(2) The enclosure must have a bottom permanently attached to the sides
or sides embedded into the ground not less than one (1) foot; and
(3) The enclosure must be of such material and closed in such a manner
that the animal cannot exit the enclosure on its own. No person who
owns, possesses, keeps or exercises any control over a dangerous animal
shall permit such animal to be on the premises of such person without
being confined.
(b) No
person who owns, possesses, keeps or exercises any control over a
dangerous animal shall permit such animal to go beyond the premises
of such person unless the dangerous animal is securely leashed and
muzzled.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.121; Ordinance 1194 adopted 5/3/16; Ordinance 1237 adopted 11/7/17)
The animal control officer may cause the muzzling, secure confinement,
removal from the city or euthanizing of any animal for any of the
following reasons:
(1) Whenever
an animal has committed an unprovoked attack upon any person or animal
on more than one occasion; or
(2) Whenever
a lawful patron or visitor of a business is jeopardized by a guard
dog which is not securely confined during the time business is open
to the public.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.122; Ordinance 1237 adopted 11/7/17)
It is unlawful to chain, leash or otherwise tether any animal to any city property, to a city water meter, gas meter, or electrical meter, or to any other object that allows the animal to reach the meter while tethered, chained, or leashed. An animal may not be tethered in any manner so as to interfere with the reading of a meter. Notwithstanding section
2.01.003, any person found to be in violation will be liable for a fine not to exceed $250.00 for the first violation and $500.00 for any subsequent violation.
(Ordinance 1079 adopted 3/15/11; 2004 Code, sec. 2.123; Ordinance 1237 adopted 11/7/17)
It is unlawful to keep any animal in the front yard of any property. Animals shall be kept in accordance with section
2.01.010. The animal control officer may allow an exception to this section in writing. Electronic fencing shall be considered fencing for the purposes of this section, but is not a secured enclosure for purposes of this chapter. Any animal not compliant with this section is subject for impoundment.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.124; Ordinance 1194 adopted 5/3/16; Ordinance 1237 adopted 11/7/17)
Any assistance animal trained to guide a person with a disability
shall be admitted to any public facility with the person with the
disability, if the assistance animal is currently vaccinated.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.305; Ordinance 1237 adopted 11/7/17)