Abandon.
To leave unattended for more than seventy-two (72) hours or without making reasonable arrangements for assumption of custody by another person.
Animal.
Any living vertebrate creature, domestic or wild, excluding human beings.
Animal control officer.
Any individual employed, contracted with, designated or appointed by the city for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
Animal shelter.
A facility operated by the city or with which the city has contracted for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
At large.
When an animal is not confined to the premises of its owner by a fence in good repair and of sufficient strength and/or height to prevent the animal from escaping therefrom, inside the house or other enclosure, or secured on such premises by a leash of sufficient strength to prevent the animal from escaping from the premises, and so arranged that the animal will remain upon such premises when the leash is stretched to full length in any direction. An animal shall not be considered “at large” when held and controlled by a person of adequate strength by means of a device, such as a leash, cord, chain, or rope, in good repair and of proper strength and length to control the action of the animal, or while confined within a vehicle. An “invisible fence” will suffice as sufficient restraint so long as the animal is not found outside the premises of the owner and the invisible fence is registered with the animal control department.
Bite.
Any abrasion, scratch, puncture, tear or piercing of skin caused by an animal.
Cat.
All domestic species or varieties of Felis catus, male or female, alive or dead.
City.
The city of Coleman.
Dangerous dog.
A dog defined by section 822.041(2), Texas Health and Safety Code, as amended by item (3) below and means 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 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.
(3) 
Makes an unprovoked attack on a domestic animal that causes serious bodily injury or death 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.
Dangerous wild animal.
(1) 
A lion;
(2) 
A tiger;
(3) 
An ocelot;
(4) 
A cougar;
(5) 
A leopard;
(6) 
A cheetah;
(7) 
A jaguar;
(8) 
A bobcat;
(9) 
A lynx;
(10) 
A serval;
(11) 
A caracal;
(12) 
A hyena;
(13) 
A bear;
(14) 
A coyote;
(15) 
A jackal;
(16) 
A baboon;
(17) 
A chimpanzee;
(18) 
An orangutan;
(19) 
A gorilla; or
(20) 
Any hybrid of an animal listed in this definition.
Dog.
A domestic animal that is a member of the canine family.
Domestic animal.
An animal which is naturally tame and gentle or which by long association with man has become thoroughly domesticated and is now reduced to such a state of subjection to his will that they no longer possess a disposition or inclination to escape.
Enforcement officers.
Those authorized to enforce the provisions of this chapter, including but not limited to the local health authority representative, any animal control officer, or any police officer.
Feral cat.
A cat which is wild, untamed or unsocialized.
Harboring of animals.
The keeping and caring, including but not limited to feeding and providing water, of an animal.
Humanely euthanize.
To cause the 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, which causes painless loss of consciousness with death following such loss of consciousness.
Impound.
To seize and hold in the custody of the local health authority or other authority such as a veterinarian.
Invisible fence.
Any fence which cannot be seen with the human eye but that is designed to keep an animal enclosed in a space by means of laser technology or sound technology. Such invisible fence must not be capable of causing pain or discomfort to any human being who crosses its path.
Law enforcement officer.
Those authorized to enforce the provisions of this chapter; namely, the local health authority, the local health authority representative, any animal control officer, or any peace officer.
Livestock.
Horses, mules, cattle, poultry, hogs, goats and sheep of any and all kinds and shall include both the male and female species of such animals.
Local health authority.
The animal control officer is designated as the local health authority and has authority to appoint representatives to enforce the provisions of this chapter, to receive reports of animal bites, investigate animal bites, ensure quarantine of possibly rabid animals and otherwise carry out provisions of state law pertaining to control and eradication of rabies, dangerous dogs and other state laws and local ordinances pertaining to animals in the city. This term includes animal control officers, law enforcement officers and enforcement officers as defined herein, including their respective designees. This term also includes, and is synonymous with, the term “animal control authority” as defined by section 822.041 of the Texas Health and Safety Code.
Observation period.
The ten (10) days following a biting incident during which an animal’s health status must be monitored.
Owner.
A person who harbors, keeps, possesses, or permits to be harbored, kept, or possessed, an animal in his care, on or about his premises, without regard to title, purchase, or acceptance of an animal as a gift.
Person.
Any individual, firm, association, partnership, or corporation or any other legal entity.
Police animal.
Any animal used by a law enforcement agency or its officers in the administration of official duties.
Potbellied pig.
A domesticated form of the species Suidae Sus Scrofa (smaller pigs typically weighing under one hundred (100) pounds) originating in Southeastern Asia, and having a straight tail, potbelly and swayback, and includes any miniature pigs, including teacup or micropigs.
Prohibited animals.
An animal not normally considered domesticated including, but not limited to, venomous lizard, poisonous snake, boa, python, raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, deer; any protected, threatened, or endangered species as defined by the state parks and wildlife commission and the U.S. Fish and Wildlife Service; or any other wild animal capable of, or inclined to, serious bodily harm to humans or other animals or fowl.
Proper enclosure of a dangerous dog.
While on the owner’s property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children nine (9) years of age or younger, and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and, where appropriate, a secure top to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements.
Public nuisance animal.
Any animal that unreasonably annoys humans, endangers the life or health of other animals or humans, or substantially interferes with the rights of citizens, other than its owner, to the enjoyment of life or property. The term “public nuisance animal” shall mean and include, but is not limited to, any animal that:
(1) 
Is documented by the local health authority or a member of the public to have been at large, as defined in section 2.01.001 of this chapter, three (3) or more times in a twelve (12) month period;
(2) 
Damages the property of anyone other than its owner;
(3) 
Chases vehicles;
(4) 
Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(5) 
Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(6) 
Causes unsanitary conditions in enclosures or surroundings where the dog is kept or harbored; or
(7) 
Commits an unprovoked attack on a person or other domestic animal while at large as defined in this chapter.
Public property.
Any property owned by the city, including streets, alleys, rights-of-way, easements, public parks or any other real property owned by the city for the benefit of the citizens.
Quarantine.
Strict confinement under restraint by closed cage or padlock or in any other manner approved in this chapter or state law on the private premises of the owner or at a facility approved by the state board of health or its designee, or at a veterinarian’s office agreed upon by the local rabies control authority.
Secure enclosure.
A fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dangerous animal in conjunction with other measures which may be taken by the owner. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the dog(s) from escaping from the enclosure. The enclosure shall be posted with signs on all sides in at least four-inch letters stating, “beware of dog,” warning of the presence of a dangerous dog and shall include a symbol of a dangerous dog understandable by young children.
Serious bodily injury.
Regarding an attack on a domestic animal, an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person who owns and/or is caring for the injured animal to seek treatment from a veterinarian without regard to whether the person actually sought treatment for the injured animal.
Severe injury.
Any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
Stray animal.
Any animal for which there is no identifiable owner or harborer.
Unprovoked.
An action by an animal that is not in response to being tormented, abused, teased or assaulted by any person; in response to pain or injury; or in protection of itself or its food, kennel, immediate territory, or nursing offspring.
Vaccinated.
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 in an amount sufficient to provide an immunity.
Vaccinated and current.
Vaccinated and satisfying the following criteria:
(1) 
The animal must have been at least four (4) months of age at the time of vaccination;
(2) 
At least thirty (30) days have elapsed since the initial vaccination; and
(3) 
Not more than twelve (12) months have elapsed since the most recent vaccination.
Veterinarian.
A veterinarian licensed to practice veterinary medicine.
Vicious animal.
An animal: (1) that has committed unprovoked attacks on two previous occasions on a person or other animal while at large as defined in this chapter; (2) which the local health authority or their representative has reason to believe has a dangerous disposition likely to be harmful to humans other animals; or (3) that has committed an unprovoked attack on a person or other animal after being declared by the local health authority, or judicially determined by the city's municipal court, to be a dangerous dog as provided by Texas Health and Safety Code chapter 822 and this chapter.
Wild animals.
All species of animals that commonly exist in a natural unconfined state and are usually not domesticated. This shall apply regardless of state or duration of captivity. The term shall include but is not limited to foxes, panthers, wolves, alligators, crocodiles, apes, elephants, rhinoceroses, and all forms of poisonous or constricting reptiles, and other like animals.
(Ordinance 1142, sec. II, adopted 11/7/13; Ordinance 1142, sec. IV, adopted 11/7/13; Ordinance 1160 adopted 8/16/15; Ordinance adopting Code; Ordinance 1231 adopted 1/19/2023)
(a) 
Enforcement of this chapter shall be the responsibility of the local health authority.
(b) 
The local health authority shall have the authority to issue citations for any violation of this chapter.
(c) 
If a person cited is not present, the local health authority may send the citation to the alleged offender by registered or certified mail.
(d) 
It shall be unlawful for any person to interfere with the local health authority in the performance of his duties.
(e) 
The local health authority shall have the authority to humanely euthanize and/or destroy any animal in accordance with the provisions of this chapter.
(f) 
The local health authority shall have the authority to use a tranquilizer gun in the lawful discharge of his/her duties.
(g) 
Police animals are exempt from the provisions of this chapter.
(Ordinance adopting Code)
Fees shall be charged pursuant to the following fee schedule filed with the city secretary. Any adjustment of the fee schedule requires city council approval.
Fee Schedule Effective January 19, 2023
Dangerous dog registration (set by Texas Health and Safety Code § 822.043)
$50.00
Vicious dog registration
$500.00
Impoundment
1st occurrence
$50.00
2nd occurrence within 12 months
$100.00
3rd occurrence within 12 months
$150.00
4th occurrence or more within 12 months
$15.00 added to the 150 for each occurrence
Livestock
$50.00
Boarding fees per day
Daily boarding fee (return to owner)
$20.00
Owner surrender per animal unless litter under 4 months
$50.00
Sterilization fees
Actual amount charged by veterinarian
Adoption Fee
Domestic dog or cat; for animals over 6 months old and in good health
$25.00
Rabies impoundment and quarantine
Animal head shipment-owned animal
$150.00
Quarantine fee of domestic animal (per day)*
$20.00
*
This fee will be in addition to impound, $10.00 for additional days over 10.
(Ordinance adopting Code; Ordinance 1232 adopted 1/19/2023)
When an animal has bitten, scratched, or otherwise attacked a person or animal, anyone having knowledge of such incident shall immediately notify the animal control officer. Such animal shall then be confined in a veterinary hospital or approved animal shelter designated by the local health authority for a period of ten (10) days. The cost of such confinement shall be paid by the owner of the animal. Such animal shall, during such period of confinement, be subject to inspection by the local health authority, other city personnel or a licensed veterinarian. If, after the ten-day period, the owner fails to pick up the animal, the animal control officer may follow the procedure for adoption or disposal of an impounded animal.
(Ordinance adopting Code)
(a) 
Upon receipt of a sworn, written complaint by any person, in a form approved by the local health authority, that any animal may constitute a vicious animal, the local health authority shall conduct an investigation. If upon investigation, the local health authority reasonably believes that grounds exist to declare the animal a vicious animal, they shall issue a written order containing the grounds for their determination to the owner of the animal, by personal delivery or by certified mail, return receipt requested. The order shall include the reason for the order and may order that the owner of the vicious animal comply with the requirements for the owner of a dangerous dog as provided in section 2.05.005, in addition to ordering the animal be sterilized at the owner's expense, or order that the animal be removed from the city and shall inform the owner of his right to appeal the order.
(b) 
An order declaring an animal a vicious animal and ordering that the owner of the vicious animal comply with the requirements for the owner of a dangerous dog as provided in section 2.05.005 of this chapter or the vicious animal's removal from the city is final unless the owner files a written appeal with the city municipal court not later than five (5) calendar days after the date the owner received the order. The municipal court shall conduct a hearing within ten (10) business days of receipt of the notice of appeal to determine whether the preponderance of the evidence supports the vicious animal determination by the local health authority. The municipal court judge may consider investigative reports, medical records, affidavits, as well as any testimony or documentary evidence offered by the owner and other relevant witnesses. At the conclusion of the hearing, the municipal court judge shall enter a written order with factual findings as to whether the animal is a vicious animal and upholding or overruling the local health authority's order, in whole or in part, declaring the animal to be a vicious animal and ordering the owner of the vicious animal comply with the requirements for the owner of a dangerous dog as provided in section 2.05.005 of this chapter, ordering sterilization, or ordering the animal to be removed from the city. The written order shall be sent by personal delivery or certified mail, return receipt requested, to the owner as soon after the conclusion of the hearing as practicable, but in no event more than five (5) business days after the hearing. The decision of the municipal court judge shall be final.
(c) 
If the order for removal of the vicious animal from the city is not appealed or is upheld after: appeal, then the owner shall remove the vicious animal from the city immediately or deliver the animal to the local health authority to be humanely euthanized. If the vicious animal has been impounded pursuant to article 2.03 of this chapter, the owner shall: (1) pay all applicable fees related to the impoundment, including sterilization fees; and (2) show written documentation of the relocation of the vicious animal outside the city, including written consent of the owner of the property where the vicious animal will be located, before the animal will be returned to the owner for removal of the vicious animal from the city.
(d) 
The owner of a vicious animal that does not comply with the requirements for the owner of a dangerous dog as provided in section 2.05.005 of this chapter or the required sterilization of the animal, commits an offense. A person commits a separate offense for each day or part of a day during which a violation is committed or continued.
(Ordinance adopting Code; Ordinance 1231 adopted 1/19/2023)
(a) 
Upon receipt of a sworn, written complaint by any person, in a form approved by the local health authority, that any animal may constitute a public nuisance, the local health authority shall conduct an investigation. If upon investigation, the local health authority reasonably believes that grounds exist to declare the animal a public nuisance animal, they shall issue a written order containing the grounds for their determination to the owner of the animal, by personal delivery or by certified mail, return receipt requested. The order shall include all requirements for an owner of an animal determined to be a public nuisance as set forth in section 2.01.007 of this chapter and the process for the appeal of the determination.
(b) 
For purposes of this section, if an animal is documented to be at large three or more times in a 12-month period by a member of the public, such documentation must consist of photographic evidence with a date and time stamp and in which the animal can be clearly identified.
(c) 
An order declaring an animal a public nuisance animal is final unless the owner files a written appeal with the city municipal court not later than five (5) calendar days after the date the owner received the order. The hearing shall be conducted and the written order from the municipal court judge shall be issued in the same manner as set forth in section 2.01.005(b) of this chapter. The decision of the municipal court judge shall be final.
(Ordinance 1231 adopted 1/19/2023)
(a) 
Not later than the 30th calendar day after the date the owner learns that they are the owner of a public nuisance animal, the owner shall take all measures necessary to abate the nuisance that served as the basis for the determination of the dog as a public nuisance animal.
(b) 
A person commits an offense if they violate or fail to perform an act required by this section. A person commits a separate offense each day or part of a day during which a violation is committed or continued.
(Ordinance 1231 adopted 1/19/2023)
(a) 
If an owner of an animal receives the specified number of convictions for the following offenses within a twelve (12) month period, the local health authority may order the animal at issue removed from the city:
(1) 
One or more convictions for allowing a dangerous dog to be at large in violation of section 2.02.001 of this chapter;
(2) 
One or more convictions for allowing a vicious dog to be at large in violation of section 2.02.001 of this chapter;
(3) 
One or more convictions for allowing a public nuisance animal to be at large in violation of section 2.02.001 of this chapter;
(4) 
Two or more violations for violations of section 2.01.005(d), section 2.01.007, or section 2.05.005 of this chapter.
(b) 
The removal order shall be issued in writing to the owner of the animal at issue, by personal delivery or by certified mail, return receipt requested. The order shall include the reason for the order and shall inform the owner of their right to appeal the order.
(c) 
The removal order is final unless the owner files a written appeal with the city municipal court not later than five (5) calendar days after the date the owner received the order. The municipal court shall conduct a hearing within ten (10) business days of receipt of the notice of appeal to determine whether the preponderance of the evidence supports the removal determination by the local health authority. The municipal court judge may consider investigative reports, medical records, affidavits, as well as any testimony or documentary evidence offered by the owner and other relevant witnesses. At the conclusion of the hearing, the municipal court judge shall enter a written order upholding or overruling the local health authority's order. The written order shall be sent by personal delivery or certified mail, return receipt requested, to the owner as soon after the conclusion of the hearing as practicable, but in no event more than five (5) business days after the hearing. The decision of the municipal court judge shall be final.
(d) 
If the order for removal of the animal from the city is not appealed or is upheld after appeal, then the owner shall remove the animal from the city immediately or deliver the animal to the local health authority to be humanely euthanized. If the vicious animal has been impounded pursuant to article 2.03 of this chapter, the owner shall: (1) pay all applicable fees related to the impoundment; and (2) show written documentation of the relocation of the animal outside the city, including written consent of the owner of the property where the animal will be located, before the animal will be returned to the owner for removal of the animal from the city.
(Ordinance 1231 adopted 1/19/2023)
In the event that the local health authority determines that an animal is vicious or a public nuisance animal, they are authorized to immediately impound the animal and keep the animal impounded through the pendency and resolution of the appeal hearings provided in sections 2.01.005(b) and 2.01.006(c).
(Ordinance 1231 adopted 1/19/2023)
(a) 
It shall be unlawful for any person to keep, harbor, or raise more than four (4) adult ferrets in any one (1) residence within the city.
(b) 
It shall be unlawful for any person to keep, harbor, or raise a ferret that has not received annual ferret rabies and distemper vaccinations and that is not spayed or neutered.
(c) 
Cages used for keeping of ferrets shall be made to prevent the animal from escaping and being large enough to ensure compliance with this chapter.
(d) 
It shall be unlawful for any person to keep, harbor, or raise any ferret which is not registered and licensed with the animal control department. The licensing fee for ferrets is set out in the schedule of fees.
(Ordinance adopting Code)
It shall be unlawful and an offense for any person to fail to promptly remove and dispose of, in a sanitary manner, feces left by a dog, cat, or other animal owned, handled, or controlled by that person:
(1) 
Upon a public area, including but not limited to walks, parks, recreation areas, sidewalks, parkways, public streets, alleys, school grounds, any common areas of an apartment house, or any common area of an office building; or
(2) 
Upon private property other than the premises of the owner, handler or controller of such animal.
(Ordinance adopting Code)
(a) 
No person shall knowingly keep or harbor any animal that causes loud and unusual or frequent barking, howling, or other noise that disturbs the peace and quiet of any person of ordinary sensibilities.
(b) 
It shall serve as prima facie evidence of a violation of this section if an owner allows an unprovoked animal to cause noise described in this section in excess of fifteen (15) minutes.
(Ordinance adopting Code)
It shall be unlawful and an offense for any person to:
(1) 
Place, leave or make available, food, or any container of food, on any public property for the purpose of feeding any stray animals or feral cats; or
(2) 
Feed, provide food, or assist another person in the feeding of stray animals or feral cats on any public property.
(Ordinance 1160 adopted 8/16/15)
(a) 
The provisions of this chapter relating to animals at large shall not apply to cats or to dogs under the age of three (3) months.
(b) 
With the exception of sanitation requirements, noise prohibition and prohibition on keeping vicious animals, the provisions of this chapter shall not apply to dogs or cats of nonresidents of the city who are temporarily visiting in the city, which dogs or cats, while out-of-doors, are kept securely under control by a leash, rope or trap, or confined in a vehicle.
(Ordinance adopting Code)
(a) 
Any person who violates any of the provisions of this chapter shall be guilty of misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $500.00. Each day of violation or portion of a day that the violation exists, each separate animal and each incident of violation of this chapter shall constitute a separate offense.
(b) 
Notwithstanding the foregoing, any person who violates any of the provisions of this chapter shall pay the following minimum fines: (1) for the first conviction that person shall pay a minimum fine of $250.00; (2) for the second conviction of the same offense that person shall pay a minimum fine of $350.00; and (3) for the third conviction of the same offense that person shall pay a minimum fine of $500.00.
(c) 
The payment of fines shall not be exclusive and shall not prevent the local health authority from issuing removal orders as provided herein.
(d) 
The city may bring suit in a court of appropriate jurisdiction to enforce the provisions of this chapter. The city is not required to give bond as a condition to the issuance of injunctive relief.
(Ordinance adopting Code; Ordinance 1231 adopted 1/19/2023)