All dogs within the city shall be cared for in accordance with
the following:
(1) It
shall be unlawful for the owner, caregiver or keeper of any dog to
permit such dog to run at large within the city. A dog is at large
if it is not within an enclosure adequate to contain the dog upon
or within property owned or leased by its owner, caregiver or keeper
or restrained by a leash or harness personally held by the owner,
caregiver or keeper of the dog.
(2) It
shall be unlawful for the owner, caregiver or keeper of any dog to
restrain or anchor a dog by means of a tether, chain, cable, rope
or cord, unless the tether or other restraint is being personally
held by the owner, caregiver or keeper of the dog. No dog may be attached
to any inanimate object.
(3) Any
dogs confined within a fenced yard or run must be provided with at
least 100 square feet of space for each dog. Any dog kept within a
house without a yard shall be provided an enclosure or run for such
dog with at least 100 square feet for each dog. The enclosure shall
be constructed of chain link or similar type material with all four
sides enclosed. The enclosure shall be of sufficient height to prevent
the dog from escaping from the enclosure. The top of the enclosure
shall be covered with material to provide the dog with shade and protection
from the elements.
(1999 Code, sec. 18-121; Ordinance 7-04 adopted 7/20/2004)
(a) Issuance of citation.
For the purposes of enforcing
this article, any animal control officer or police officer is authorized
to issue to any owner or other person who violates any provision of
this article a citation, which shall be dated and signed by the issuing
officer. The citation shall set forth the general nature of the violation
charged and shall direct the violator to appear in the municipal court
of the city on or before a certain day. The violator shall sign the
summons to indicate his agreement to appear. If a violator refuses
to sign the agreement to appear, a police officer may be called to
the scene and, upon the continued refusal of such person to sign,
may arrest such person. In those instances wherein the violator is
not present, the citation may be issued, a complaint filed and procedure
followed as permitted by law.
(b) Pursuit of dogs at large; disposition of captured dogs.
An animal control officer shall, upon observing a dog at large, pursue
such dog and capture the dog if possible. If the dog, during pursuit,
goes upon private property, the officer shall continue pursuit onto
the private property, and the officer shall make inquiry of anyone
present on such property as to ownership. If ownership of the dog
is determined, the officer shall issue a citation to the owner and
deliver the dog to the person upon such person’s exhibiting
acceptable identification. If a dog at large is captured and the owner
is not located or ownership is not determined, it shall be impounded.
(c) Length of impoundment.
Unless reclaimed as provided
in this section, all impounded dogs or cats shall be kept for not
less than five days, the first day of which shall be the day next
following the day of impoundment.
(d) Notification of owner.
If the owner of an impounded
dog or cat can be readily identified, the animal control officer or
his agent shall within 24 hours after impoundment notify the dog’s
or cat’s owner by telephone, if possible, or by mail if no telephone
number is available.
(e) Reclaiming of animal by owner.
The owner may reclaim his dog or cat from impoundment upon payment of an impounding fee to the animal control officer in the amount set forth in the fee schedule in appendix
A of this code. The owner must also pay a vaccination fee if he cannot show proof of current vaccination.
(f) Proof of vaccination and licensing.
If the dog or cat
is four months old or older and not wearing a collar with valid rabies
and license tags attached, the owner must present a certificate showing
that the dog or cat has been vaccinated and licensed within the immediate
preceding 12 calendar months. If such a certificate of vaccination
and/or the license cannot be produced, and the animal is three months
old or older, a warning notice shall be issued to the owner and the
animal may be released to its owner on the condition that the owner
shall immediately have the animal vaccinated against rabies and purchase
a city license. In that event, the animal shall be vaccinated and/or
licensed and acceptable proof of vaccination exhibited to the animal
control officer or his agent within 72 hours after the animal’s
release. If acceptable proof of vaccination and/or licensing is not
presented within 72 hours, the director shall cause a complaint to
be filed against such owner in the municipal court of the city. Animals
that are not at least three months of age may be released without
immediate vaccination and licensing being required. However, the animal
control officer may give written notice to the person claiming such
animal that proof of vaccination and licensing must be presented on
or before a certain date. The date shall be a date estimated as falling
between the third and fourth monthly anniversary of the animal’s
birth. If such written notice is given and the proof of vaccination
and licensing is not provided on or before the date stipulated, the
animal control officer shall cause a complaint to be filed.
(g) Disposition of unclaimed animals.
Any animal not reclaimed by its owner in compliance with the provisions of subsection
(e) of this section within the five days excluding the day of impoundment shall become the property of the city and shall be either placed for adoption or humanely put to death by an animal control officer.
(1999 Code, sec. 18-123; Ordinance
adopting 2018 Code)
The animal control officer shall be authorized to place for
adoption cats or dogs impounded by the city under the following conditions:
(1) The
poundmaster shall be the sole judge as to whether a cat or dog is
healthy enough for adoption and its health and age adequate for vaccination.
However, such decision by the poundmaster shall not constitute a warranty
of the health or age of the animal.
(2) For
a cat or dog four months of age or older, the adoption fee shall be
as determined by the city council and on file in the office of the
city secretary. In addition to the adoption fee, if the cat or dog
is not licensed or vaccinated, the adopting person shall present to
the poundmaster:
(A) The registration license fee as provided for in section
2.02.003.
(B) A vaccination certificate, which the adopting person is to present
to any veterinarian in the county within 48 hours for vaccination
of the adopted cat or dog. Failure to obtain the vaccination within
48 hours of the adoption date shall authorize the reimpoundment of
the animal.
(C) A receipt showing that a veterinarian has been paid a $25.00 deposit
or the full fee, whichever is less, to have the cat or dog to be adopted
spayed, neutered or otherwise permanently sterilized. Failure to spay
or neuter the animal within 30 days of the adoption date shall authorize
the reimpoundment of the animal.
(D) For a cat or dog under four months of age, there shall be required the same fees as in subsection
(B). The vaccination will not be required until the animal is at least three months of age but no later than four months of age. The city adopts the requirements of V.T.C.A., Health and Safety Code ch. 828. Spaying or neutering will not be required until the animal becomes of age to have spaying or neutering as determined by the veterinarian. At the time the spaying or neutering is accomplished, the owner shall furnish the poundmaster with the original adoption receipt, proof of vaccination and proof of spaying or neutering to receive the vaccination certificate and city license. Failure to obtain a vaccination within the required age limits or spaying or neutering within six months of the date of adoption shall authorize the reimpoundment of the animal.
(1999 Code, sec. 18-124)
The poundmaster shall monthly, or at such times as may be required
by the city administrator, account to the city for all moneys received
by him by virtue of his official duties, and he shall at the same
time render to the city administrator a full statement of all animals
received into the pound during the month, showing the name of the
owner, if known, the date of sale, all of those animals destroyed,
and all of the moneys expended by him during the month for the maintenance
of the pound, and he shall attach to the statement a receipt for all
such moneys. Forms for such reports shall be furnished by the city
secretary.
(1999 Code, sec. 18-125)
Any owner, caregiver or keeper of any dog who shall violate any provision of this article shall be guilty of a misdemeanor and upon conviction may be fined in accordance with the general penalty provided in section
1.01.009 of this code; provided further, no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day the violation occurs or continues shall constitute a separate offense.
(Ordinance 7-04 adopted 7/20/2004; Ordinance adopting 2018 Code)