It shall be unlawful to keep, own, harbor, or have custody or control of a dangerous wild animal within the corporate limits of the city, except at commercial establishments dealing in the sale or handling of such animals, having proper zoning for such commercial enterprises, having proper facilities for the care and restraint of such animals, and meeting the requirements of this article.
(Ordinance adopting Code)
(a) 
A person may not own, harbor, or have custody or control of a dangerous wild animal for any purpose unless the person holds a certificate of registration for that animal issued by the local health authority.
(b) 
An owner of a commercial establishment dealing in the sale or handling of dangerous wild animals may not own, harbor, or have custody or control of a dangerous wild animal within the corporate limits of the city for any purpose unless the person holds a certificate of registration for that animal issued by the city animal control department.
(c) 
A certificate of registration issued under this article is not transferable and is valid for one year after its date of issuance or renewal unless revoked.
(d) 
The fee charged to an applicant shall be in accordance with the city’s currently adopted fee schedule on file in the city secretary’s office. The fees collected shall be used only to administer and enforce this article.
(Ordinance adopting Code)
(a) 
An applicant for an original or renewal certificate of registration for a dangerous wild animal shall file an application with the local health authority on a form provided by the local health authority. The application shall include:
(1) 
The name, address, and telephone number of the applicant;
(2) 
A complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal;
(3) 
The exact location where each animal is to be kept;
(4) 
A sworn statement that:
(A) 
All information in the application is complete and accurate;
(B) 
The applicant has read this article and subchapter E of chapter 822, Texas Health and Safety Code, and that all facilities used by the applicant to confine or enclose the animal comply with the requirements of that subchapter; and
(5) 
Any other information the city in its capacity as the animal registration agency may require.
(b) 
An applicant shall include with each application:
(1) 
The nonrefundable fee;
(2) 
Proof, in a form acceptable to the city, that the applicant has liability insurance as required by this article;
(3) 
A color photograph of each animal being registered, taken not earlier than the 30th day before the date the application is filed;
(4) 
A photograph and a statement of the dimensions of the primary enclosure in which each animal is to be kept and a scale diagram of the premises where each animal will be kept, including the location of any perimeter fencing and any residence on the premises; and
(5) 
If an applicant holds a class “A” or class “B” dealer’s license or class “C” exhibitor’s license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments, a clear and legible photocopy of the license.
(c) 
In addition to the items required under subsection (b) above, an application for renewal shall include a statement signed by a veterinarian licensed to practice in the state stating that the veterinarian:
(1) 
Inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and
(2) 
Finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this article.
(Ordinance adopting Code)
(a) 
If the city finds that an application for an original or renewal certificate of registration under this article does not meet the requirements specified herein, or after inspection that an applicant has not complied with this chapter or chapter 822 of the Health and Safety Code, the city shall deny the applicant a certificate of registration and give the applicant written notice of the denial and the reasons for the denial.
(b) 
If the local health authority finds, after inspection, that a registered owner provided false information in or in connection with the application or has not complied with this article, the local health authority shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation.
(c) 
A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the municipal court of the city not later than the 15th day after the date the certificate of registration is denied or revoked. Either party may appeal the decision of the municipal court to a county court of proper jurisdiction in the county. The decision of the county court shall be final and may not be appealed.
(d) 
Filing an appeal of the denial or revocation of a certificate of registration under this section stays the denial or revocation pending disposition of the appeal.
(Ordinance adopting Code)
(a) 
A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept.
(b) 
Not later than the 10th day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the department of state health services.
(Ordinance adopting Code)
An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than $100,000.00 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal.
(Ordinance adopting Code)
An owner of a dangerous wild animal, at all reasonable times, shall allow the local health authority or a licensed veterinarian designated by the local health authority to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner’s records relating to the animal to ensure compliance with this article.
(Ordinance adopting Code)
(a) 
An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the local health authority in writing of the exact location to which the animal will be relocated and provides the local health authority, with respect to the new location, the information required by section 2.08.003 above.
(b) 
Within ten (10) days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the local health authority in writing of the death, sale, or other disposition.
(Ordinance adopting Code)
(a) 
An owner of a dangerous wild animal shall notify the local health authority of any attack on a human by the animal within 24 hours of the attack.
(b) 
An owner of a dangerous wild animal shall immediately notify the local health department and city police department of any escape of the animal.
(c) 
An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal.
(d) 
The local health authority is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal’s escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape.
(Ordinance adopting Code)
(a) 
For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments and the regulations adopted under that act relating to:
(1) 
Facilities and operations;
(2) 
Animal health and husbandry; and
(3) 
Veterinary care.
(b) 
An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal’s veterinary care and shall make the log available to the local health authority on request.
(c) 
The log must:
(1) 
Identify the animal treated;
(2) 
Provide the date of treatment;
(3) 
Describe the type or nature of treatment; and
(4) 
Provide the name of the attending veterinarian, if applicable.
(d) 
When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments and the regulations adopted under that act.
(e) 
A person is exempt from the requirements of this section if the person is caring for, treating, or transporting an animal for which the person holds a class “A” or class “B” dealer’s license or a class “C” exhibitor’s license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments.
(Ordinance adopting Code)
A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person who does not have a certificate of registration for that animal as required by this article.
(Ordinance adopting Code)
(a) 
A person commits an offense punishable upon conviction by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code for each offense if the person violates section 2.08.002(a), 2.08.005 or 2.08.010(a) or (b) of this article. Each animal with respect to which there is a violation and each day that a violation occurs or continues is a separate offense.
(b) 
A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person who does not have a certificate of registration for that animal as required by this article.
(Ordinance adopting Code)
(a) 
A person who violates section 2.08.002(a) of this article is liable for a civil penalty of not less than $200.00 and not more than $2,000.00 for each animal with respect to which there is a violation and for each day the violation continues.
(b) 
The city may sue to collect a civil penalty and retain the civil penalty collected.
(c) 
The city may also recover the reasonable costs of investigation, reasonable attorney’s fees, and reasonable expert witness fees incurred by the city in the civil action. Costs or fees recovered under this subsection shall be credited to the operating account from which payment for the city’s expenditures was made.
(Ordinance adopting Code)
The provisions of this article relating to dangerous wild animals do not apply to:
(1) 
A county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity;
(2) 
A research facility, as that term is defined by section 2(e), Animal Welfare Act (7 U.S.C. section 2132), and its subsequent amendments, that is licensed by the Secretary of Agriculture of the United States under that act;
(3) 
An organization that is an accredited member of the American Zoo and Aquarium Association;
(4) 
An injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment;
(5) 
An injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under subchapter C, chapter 43, Parks and Wildlife Code;
(6) 
A dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in the state if:
(A) 
The animal is used as an integral part of the circus performances; and
(B) 
The animal is kept within the state only during the time the circus is performing in the state or for a period not to exceed 30 days while the circus is performing outside the United States;
(7) 
A dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production;
(8) 
A dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university;
(9) 
A dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments and the regulations adopted under that act;
(10) 
A nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a class “A” or class “B” dealer’s license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments; and
(11) 
A dangerous wild animal that is:
(A) 
Owned by or in the possession, control, or custody of a person who is a participant in the species survival plan of the American Zoo and Aquarium Association for that species; and
(B) 
An integral part of that species survival plan.
(Ordinance adopting Code)
(a) 
It shall be unlawful for any person, firm or corporation to keep or to release, for any purpose whatsoever, any poisonous reptiles, or to keep or to release any animal of a wild and ferocious nature within the corporate limits of the city.
(b) 
Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor and upon citation thereof shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code. Each day such reptile or animal is kept or caused to be kept by any person, firm or corporation shall constitute a separate offense under this section.
(c) 
The term “poisonous reptile” as used herein includes but is not limited to copperhead snakes, rattlesnakes, coral snakes, cottonmouth snakes, cobras and gila monsters. The term “animals of a wild and ferocious nature” as used herein includes but is not limited to bears, jaguars, cougars, panthers, ocelots, bobcats, coyotes, foxes, javelinas and wolves.
(d) 
There shall be no permits issued for the keeping of prohibited reptiles, animals or other items, and there shall be no defenses based on such permits.
(e) 
Reptiles and/or animals prohibited under this section shall be deemed to additionally include those animals defined by section 822.101 of the Texas Health and Safety Code and shall be further deemed to include any poisonous insect or spider that is generally deemed to be dangerous to humans.
(Ordinance 772 adopted 4/7/77; Ordinance 993 adopted 11/20/01)