(a)
Abandon
Abused
Adequate/proper shelter
Animal
Animal control officer (ACO)
Animal fighting paraphernalia
Animal service facility
Animal services
At large
(1)
(A)
(B)
(2)
Bee
Bodily injury
Breeder
Cat
Collar
Colony
Conviction
Court
Cruel or inhumane treatment
Dangerous animal
(1)
(2)
(3)
(4)
(5)
(6)
Direct physical control
Dog
Domestic animal
Enclosure
Exotic animal
Fowl
Gender.
Guard dog
Guide dog
Harboring
Immediate effective control
(1)
(2)
Inhumane treatment of animals
Kennel
Livestock
Multiple pet owner
Neglected
Nuisance animal
Owner
Person
Pet
Pet store
Properly fitted
Public auction
Public nuisance
(1)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(2)
Restraint
Secure enclosure
Serious bodily injury
Stray
Unprovoked
Vaccination
Veterinary hospital or clinic
Wild animal
(1)
(2)
(3)
(4)
(5)
Zoonotic disease
For
the purposes of this chapter, a word importing the masculine gender
only shall extend and be applied to females and to firms, partnerships,
associations, and corporations as well as to males. For the purposes
of this chapter, the following terms, phrases, and words used herein
shall be interpreted to read as follows, and any words not herein
defined shall be construed in the context used and by ordinary interpretation,
and not as a word of art:
means to dump, desert, or leave any animal on public or private
property with the intent of terminating any further responsibility
for said animal; and shall also mean failing to timely redeem any
animal impounded or quarantined by the city, as specified herein.
means the intentional wounding, maiming, trapping, beating,
crippling, starving, or torturing by any means or lack of necessary
immediate medical care or failure to give food or water when there
is a duty to do so.
means a shelter for a dog that shall effectively protect
the animal from any form of cold, overheating, inclement weather and
direct effects of wind, rain, snow, ice or the sun. By way of example,
and not limitation, a shelter may consist of a three-sided structure,
with a roof. The shelter shall provide shade during hot weather months
with provisions for cooling the animal when temperatures exceed 90°
Fahrenheit. During temperatures 50° Fahrenheit or lower, auxiliary
heat or clean, dry bedding material shall be provided for insulation
against the cold.
means any living creature classified as a member of the animal
kingdom, including, but not limited to, birds, fish, fowl, mammals
and reptiles, but specifically excluding human beings.
means the person or persons designated by the city to represent
and act for the city in the impoundment of animals, the controlling
of stray animals, and all other matters as otherwise required by this
chapter; or shall mean the city code compliance officer, code enforcement
officer, police officers or other authorized representatives or contractors
delegated by agreement to be responsible for animal control services.
means equipment that is used for animal fighting purposes
which includes, but is not limited to, instruments designed to be
attached to the leg of a bird, such as a knife, gaff, or other sharp
instrument, or items used to train and condition animals to fight,
such as hanging devices or “bite sticks.”
means a facility operated, controlled or contracted with
the city, or its designated contractor, for the purpose of impounding,
confining, safekeeping, controlling or caring for animals held under
and consistent with the authority of this chapter, or an establishment
designated or contracted by the city for the keeping of said animals.
means the office of the animal control officer of the city.
means:
Off premises: Any animal:
Which is not under immediate, effective control of a person
by means of a cage, leash, physical restraint, or when such animal
fails to respond to the voice command or other audible command of
the person immediately upon issuance of said command, and is, at all
times, within the visible presence of said person and not more than
ten (10) feet from said person.
Which, even when in the visible presence of the owner, or under
physical restraint, as defined herein, enters onto the private property
of another person, without that property owner’s consent.
On premises: Any animal not confined on the premises of the
owner by a substantial fence of sufficient strength and height to
prevent the animal from escaping therefrom, or secured on the premises
by a metal chain or leash sufficient in strength to prevent the animal
from escaping from the premises, and so arranged that the animal will
remain upon the premises and not come any closer than six (6) feet
to a public walkway or sidewalk when the restraint leash is stretched
to full length.
means any stage of the common domestic honeybee (Apis mellifera).
means physical pain, illness or any impairment of physical
condition.
means a person who breeds dogs or cats and transfers possession
of more than two (2) litters in a twelve (12) month period.
means a domesticated animal that is a member of the feline
family (Felis domesticus).
means any collar constructed of nylon, leather, or similar
material, specifically designed to be used for a dog.
means a hive or apiary and its equipment and appurtenances
including bees, combs, honey, pollen and brood.
means a finding of guilty after a trial, a plea of guilty,
a finding of deferred adjudication or disposition, or a plea of no
contest.
means the municipal court of the city.
means beating or torturing an animal, or cruelly confining
or transporting, seriously overloading, seriously overworking, or
abusing an animal.
means any animal, including a dog:
Which has been determined to be dangerous as set forth herein
by the ACO or an appropriate court.
Which demonstrates behavior and/or possesses the vicious propensity
to inflict serious bodily injury or death upon human beings and constitutes
a danger to human life or domestic animals.
Any animal certified by a doctor of veterinary medicine, licensed
in the state, after observation thereof, as posing a danger to human
beings or animals.
Any animal that commits an unprovoked attack upon a person or
animal that causes bodily injury and occurs in a place other than
an enclosure in which the animal was being kept that was reasonably
certain to prevent the animal from leaving that enclosure on its own.
Any animal that commits an unprovoked act that causes a person
to reasonably believe that the animal will attack and cause bodily
injury to that person.
Which has been declared a dangerous animal previously by the
ACO.
means outside with the dog and near enough to the dog to
exercise physical control over the dog in the event it should become
necessary to do so to protect the dog, a human, or another animal
in harm.
means a domesticated animal that is a member of the canine
family (Canis familiaris).
means any animal whose physiology has been determined or
manipulated through selective breeding, and which does not occur naturally
in the wild, and which may be vaccinated against rabies with an approved
rabies vaccine, and which has an established rabies quarantine observation
period.
means any structure or device used to immediately restrict
any animal or animals to a limited amount of space, such as a fence,
room, pen, run, cage, compartment, or hutch.
means any non-domesticated animal, other than livestock,
that is native to a foreign country or of foreign origin or character,
is not native to the United States, or was introduced from abroad.
This term specifically includes, but is not limited to, animals such
as lions, tigers, jackals, dingoes, leopards, elephants, pandas, camels,
antelope, anteaters, kangaroos, chimpanzees, gorillas, orangutans,
water buffalo, and species of foreign domestic livestock requiring
state or federal permits.
means a bird of any kind, including but not limited to chickens,
ducks, geese, guineas, pigeons, roosters, turkeys, and pheasants.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships, associations and
corporations, as well as to males.
means a dog that has received protection or guard dog training
and used by law enforcement, private security, or in a protective
functions where the dog is responsive to control by its owner or handler
and used only for protective functions, irrespective of its status
as a personal pet of its owner or handler.
means a dog that is trained to assist a handicapped person.
means the act of keeping and caring for an animal or providing
premises to which the animal returns for food, shelter, or care for
a period of three consecutive days. This term shall not include the
feeding of wildlife or providing assistance in an emergency to an
injured or ill animal or providing care on a temporary or one-time
basis so long as such activity is not a nuisance to others.
means:
An animal which is under the power or restraint of a person
by a means of cage, leash, or physical restraint. For the purposes
of this chapter, an animal is not under immediate effective control
of a person when it is not restrained by means of a leash or chain
of sufficient strength and not more than six (6) feet in length to
control the actions of such animal while off the owner’s property.
When such animal responds to the voice command of the person
immediately upon issuance of said command, and is at all times within
the visible presence of said person and not more than ten (10) feet
from said person. It shall be prima facie evidence for the purposes
of this chapter that the animal is at large when the animal is not
in the visible presence of the owner or fails to response immediately
to a verbal command.
means any treatment of an animal prohibited by section 42.09
or 42.092 of the Texas Penal Code, chapter 821, 822 or 826 of the
Texas Health and Safety Code, as amended, or by any other provision
of law including federal, state and local laws, ordinances, or rules.
means any business or establishment other than a veterinary
hospital, whether operated separately or in connection with another
business or establishment, that keeps, boards, and/or trains dogs
and/or cats. Kennels must be established, maintained and operated
in compliance with all applicable zoning and land use regulations
of the city.
means any horses, mules, donkeys, cattle, goats, sheep, swine,
ostriches, emus, or rheas. Small livestock shall include but not be
limited to all types of domesticated swine, sheep, and goats. Large
livestock shall include but not be limited to horses and any member
of the domesticated horse family, including but not limited to mules,
donkeys, llamas, alpacas, ponies; all types and varieties of cattle;
and ostriches, emus, and rheas.
means an individual who desires to keep more than two (2)
but not more than four (4) dogs or cats or combination of dogs and
cats as personal pets.
means without sufficient food, shelter, or water, or without
appropriate veterinary care and treatment to maintain health, or heavily
infested with parasites.
means any wild or feral animal found on a person’s
property that potentially could be a threat to personal property,
safety, or health.
means any person, partnership, corporation, or association
that harbors, shelters, owns, maintains, feeds, controls, manages,
possesses or has whole or part interest in any animal. The occupant,
owner or head of a household of any premises where any animal remains
for seventy-two (72) hours or more shall be presumed to be the owner
of such animal for the purpose of this chapter. This presumption is
rebuttable and shall have the effects and consequences as set forth
in section 2.05 of the Texas Penal Code, as amended. Should a person
under the age of seventeen (17) years of age own an animal subject
to the provisions of this chapter, the head of the household of which
such person under the age of seventeen (17) years of age is a member
shall be the person responsible for the animal under this chapter.
Such household head may himself be under the age of seventeen (17)
and therefore subject to prosecution under this chapter. There may
be more than one (1) person responsible for an animal.
means a natural individual, firm, corporation, or other legal
entity.
means any animal normally kept for pleasure rather than utility.
means any business or establishment other than a veterinary
hospital, whether operated separately or in connection with another
business or establishment, that buys and sells dogs, cats, and/or
other species of pets for profit. Pet stores or shops must be established,
maintained and operated in compliance with all applicable zoning and
land use regulations of the city.
means, with respect to a collar, a collar that measures the
circumference of a dog’s neck plus at least one inch.
means any place or facility where animals are sold to the
highest bidder. This definition does not apply to individual sales
of animals by private owners to other private owners.
means the following:
An owner’s failure to control, restrain or otherwise allow,
either by conduct or condition, any animal to:
Engage in conduct which establishes such animal as a “dangerous
animal”;
Be “at large” as defined herein;
Cause a disturbance by excessive, continuous, or untimely barking,
howling, crowing, or otherwise making excessive noise near the private
residence of another; or continual barking, howling, whining, crowing,
or other audible noise, in excess of fifteen (15) minutes, even if
in sporadic bursts, shall be prima facie evidence that the same constitutes
a nuisance;
Produce maggots, flies, odors or unclean conditions sufficient
to annoy adjacent property owners or residents;
Chase vehicles or molest, attack, or interfere with other animals
or persons on public property;
Damage, soil, defile, or defecate on private property other
than the owner’s property or on public walks or recreation areas
unless such waste is immediately removed and properly disposed of
by the owner; or
Allow such fecal matter or other animal waste to accumulate
to such a degree as to cause unsanitary, dangerous, or offensive conditions.
Any animal normally found in the wild that has entered onto
any public or private property and by its presence is committing a
threat to public health and safety or is generally interrupting the
tranquility of the location.
means to be secured by a leash, tether, lead, cord, chain,
rope, or other device six (6) feet or less in length; or by electronic
wires, probes, or other similar device; or secured within a kennel
or pen, or secured within the fenced real property limits of its owner,
and may not come any closer than six (6) feet to a public walkway
or sidewalk when the restraint lead is stretched to full length; or
a device that attaches a dog to a stationary object or trolley system.
means an animal housing enclosure that is located inside
a separate fenced area. The enclosure must be equipped with a lock
and must prevent the entry of the general public, including children.
It must prevent the escape or release of an animal. It must have a
concrete floor or have the sides buried not less than two (2) feet
into the ground to prevent the animal from digging out. It must be
located in a minimum of five (5) feet from any fence line that abuts
adjacent property or a public area. It must conform with any additional
requirements as established and provided in writing to the owner by
the animal services division.
means bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
An injury characterized by severe bite wounds or severe ripping and
tearing of muscle that would cause a reasonably prudent person to
seek treatment from a medical professional and would require hospitalization,
without regard to whether the person actually sought medical treatment,
satisfies this definition. For purposes of this chapter, serious bodily
injury includes but is not limited to injuries for which the injured
party seeks emergency or inpatient treatment irrespective of length
of hospital stay.
means an animal that is improperly restrained and that wanders
upon a public place, roadway, street, highway, or the property of
another person.
means that the animal was not hit, kicked, pulled, struck,
pinched, or squeezed by a person with an object or part of the person’s
body, or otherwise teased or tormented in any manner.
means the inoculation of an animal with a rabies vaccine
or other medicine that is accepted by the United States Department
of Agriculture for use in that species, and which is administered
by a veterinarian, licensed in the state, for the purpose of immunizing
the animal against rabies or other diseases.
means any establishment that is maintained and operated by
a veterinarian, licensed in the state, for the diagnosis, treatment
or surgery of injuries and diseases to animals.
means any animal not normally considered domesticated and
which is now or historically has been found in the wild, or in the
wild state, including but not limited to the following:
Reptiles: Venomous reptiles, any type of crocodile or alligator;
Fish: Piranha;
Birds: Condors, eagles, hawks, falcons, owls;
Mammals: Ocelots, lions, tigers, jaguars, leopards, cougars,
wolves or wolf hybrids, dingoes, coyotes and coyote mixes, jackals,
weasels, martens, minks, badgers, skunks, raccoons, pandas, bears,
kangaroos, opossums, sloths, anteaters, armadillos, monkeys, chimpanzees,
gorillas, orangutans, porcupines, antelope, deer, fox, elephant, lynx,
camels, squirrels; or
Any species of animal illegal to own under federal, state, or
local law.
means an illness which is of animal origin and usually causes
illness to other animals but which can be transmitted to and cause
illness in humans.
(b)
To
the extent not otherwise defined herein, reference may be made, for
purposes of clarifying definitions, to state law and/or generally
accepted industry publications.
(Ordinance 2013-07-001, sec. 2 (8-1),
adopted 7/2/13; Ordinance adopting
2021 Code)
(a)
Penalty.
Any person violating any provision of this chapter, upon conviction, shall be deemed guilty of a misdemeanor and fined as provided in section 3.01.019 of this chapter or by a fine in accordance with the general penalty provided in section 1.01.009 of this code, unless specific provision for a penalty, or enhancement thereof, is provided herein. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues to occur.
(b)
Culpable mental state.
Unless otherwise specifically
set forth herein, or in state law as adopted, allegation and evidence
of culpable mental state are not required for the proof of an offense
defined by this chapter.
(Ordinance 2013-07-001, sec. 2 (8-2),
adopted 7/2/13; Ordinance adopting
2021 Code)
(a)
The
ACO shall be responsible for the enforcement of this chapter, except
as may be provided herein. Enforcement may be by the filing of a complaint
in municipal court, by proceedings to enjoin nuisances or in any other
manner authorized by law. An ACO is authorized to issue citations
for a violation of this chapter.
(b)
If
the individual who is to receive the citation is not present, the
ACO may send the citation to the alleged offender by certified or
registered mail, return receipt requested. If said citation should
come back unclaimed, the citation shall be sent regular mail. If this
regular mailing does not come back unclaimed, then service shall be
deemed completed.
(Ordinance 2013-07-001, sec. 2 (8-3),
adopted 7/2/13)
(a)
Humane care required.
Animals shall be provided humane
care, treated and transported in a humane manner and not in violation
of section 42.09 or 42.092 of the Texas Penal Code, title 10 of the
Texas Health and Safety Code as amended, or any other provision of
law, including federal, state, and local laws, ordinances, and rules.
(b)
Prohibited actions against animals.
A person commits
an offense if:
(1)
A person fails to provide an animal under his or her care, custody,
and/or ownership with adequate wholesome food and water, proper shelter,
protection from inclement weather, and veterinary care when needed
to prevent suffering;
(2)
A person having charge or care, custody or control of an animal places
or confines such animal, or allows such animal to be placed or confined,
in a motor vehicle, trailer or other enclosure under such conditions,
or for such a period of time, as to endanger the health of the animal
due to heat, lack of food or water, or such other circumstances as
may cause injury or death to the animal;
(3)
A person treats an animal in an inhumane or cruel manner as defined
by section 42.09 or 42.092 of the Texas Penal Code, as amended, or
chapter 821 of the Texas Health and Safety Code, as amended;
(4)
A person knowingly owns, harbors, trains, sells or offers for sale
any animal which is to be used for the purpose of fighting; or to
be trained, tormented, badgered or baited for the purpose of causing
or encouraging said animal to attack human beings or animals when
not provoked, except that this section shall not apply to guard dogs;
(5)
A person mutilates any animal, whether such animal is dead or alive.
This subsection does not apply to medical or veterinary medical research,
medical or veterinary medical autopsies, or biology class use of animals
for educational purposes;
(6)
A person causes an animal to fight another animal or person; this
shall not be applicable to police dogs;
(7)
A person other than a licensed veterinarian docks an animal’s
tail, or crops an animal’s ears, or castrates an animal; provided,
however, this section shall not apply to normal livestock operations
occurring within the city;
(8)
A person dyes or colors chicks, ducks, rabbits, reptiles, or birds;
(9)
A person transporting an animal fails to effectively restrain an
animal so as to prevent the animal from leaving or being accidentally
thrown from a vehicle during normal operation of the vehicle, or fails
to effectively restrain an animal so as to prevent infliction of bodily
harm to passersby. Provided, however, the provisions herein shall
not prohibit a person from transporting an effectively confined or
tethered dog(s) in the open bed of a pickup truck;
(10)
A person is in control of a motor vehicle which strikes a domestic
animal or livestock within the territorial limits of the city and
fails to report the accident to the ACO as soon as practical;
(11)
A person abandons any animal, including the abandonment of an impounded
animal at the animal services facility with the intent to readopt
the animal to avoid impoundment fees;
(12)
A person cruelly confines an animal in a manner that prevents the
animal from being able to stand to their full height, stretch out,
turn around and lie down and make normal postural adjustments comfortably
for a period of twenty-four (24) hours or more; or
(13)
A person confines an animal in such a way that the animal is forced
to stand and/or lay within its own feces, standing water, or other
unsanitary conditions.
(Ordinance 2013-07-001, sec. 2 (8-4),
adopted 7/2/13; Ordinance adopting
2021 Code)
(a)
A
person ties or tethers a dog or horse in a manner that prevents the
animal from access to adequate shelter, food, and water.
(b)
A
person ties or tethers a dog or horse in such a manner that the animal
could become entangled or injured.
(c)
An
owner may not leave a dog outside and unattended by use of a restraint
that unreasonably limits the dog’s movement:
(d)
(e)
Exceptions
to the regulations in this section if the following is true:
(1)
A dog is restrained to a running line, pulley, or trolley system
and that is not restrained to the running line, pulley, or trolley
system by means of a pinch-type, prong-type, choke-type, or improperly
fitted collar.
(2)
A dog is restrained for a reasonable period, not to exceed three
(3) hours in a 24-hour period, and no longer than is necessary for
the owner to complete a temporary task that requires the dog to be
restrained.
(3)
A dog is restrained while the owner is engaged in, or actively training
for, an activity that is conducted pursuant to a valid license issued
by this state if the activity for which the license is issued is associated
with the use or presence of a dog.
(4)
A dog is restrained while the owner is engaged in conduct directly
related to the business of shepherding or herding cattle or livestock.
(5)
A dog is restrained while the owner is engaged in conduct directly
related to the business of cultivating agricultural products, if the
restraint is reasonably necessary for the safety of the dog.
(Ordinance 2013-07-001, sec. 2 (8-5),
adopted 7/2/13)
(a)
State regulations adopted.
The city hereby adopts the
Rabies Control Act of 1981 (Texas Health and Safety Code, chapter
826), as amended, and the standards established by the state board
of health as minimum standards for rabies control and quarantine provisions
within the city. In addition thereto, all of the rabies control provisions
of this chapter, which are adopted pursuant to sections 826.015 and
826.033 of the Texas Health and Safety Code, shall have application
within the city. A copy of the statute may be obtained from the ACO.
(b)
Designation of local rabies control authority.
The.
ACO shall act as the local rabies control authority for the purposes
of this section and enforcing the provisions of chapter 826 of the
Texas Health and Safety Code.
(Ordinance 2013-07-001, sec. 2 (8-6),
adopted 7/2/13)
(a)
Registration and vaccination of dogs and cats.
(1)
The ACO shall annually register and issue registration tags to any
person living in the city who owns or possesses a dog or cat requiring
vaccination to prevent rabies. Said issuance will be for the purpose
of owner identification in cases where a dog or cat has bitten, scratched,
attacked or injured a human being or another animal and in cases where
the dog or might become impounded, lost, or injured.
(2)
Application for the registration tag must be made annually by the
owner in person and shall be accompanied by proof that the dog or
cat has been vaccinated against rabies and the vaccination certificate
is current and shall not be ready to expire within the upcoming six
months or as directed by a veterinarian. If there is a change in ownership,
the new owner shall have the registration tag transferred to his or
her name within ten (10) days after taking possession of the dog or
cat. There shall be no charge for transfer of registration to the
new owner. Application for such transfer shall be made to animal services
in person.
(3)
No owner shall have within the city any dog or cat four (4) months
of age or older unless such dog or cat is currently registered with
animal services. A current metal registration tag issued by animal
services must be affixed to a collar or harness that must be worn
by the dog or cat at all times. No dog or cat shall be registered
until it has a current vaccination.
(4)
Application for initial issuance or renewal of each registration
must be made by the owner in person and must be accompanied by a fee
as established by the city council for each unspayed or unneutered
animal. If the animal has been sterilized by a licensed veterinarian
and proof is submitted to animal services then a fee will be charged
as established by the city council.
(5)
Registration certificates shall be renewed annually. The registration
period will be from January 1 to December 31. Certificates for the
new period shall be available for sale at least thirty (30) days in
advance and shall constitute a valid registration upon issuance.
(6)
Registration and/or vaccination tags shall be valid for only the
animal for which the certificate or tag was originally issued.
(8)
Registration tags shall be securely attached to the collar or harness
of the dog or cat and worn at all times by the animal. Tags will be
valid only for the animal for which the tag was originally issued.
(9)
Owners claiming any impounded dog or cat, four (4) months of age
or older, will be required to provide the city with proof of current
rabies vaccination. If no proof is presented then said dog or cat
must be vaccinated against rabies and the owner must provide proof
of said vaccination to the ACO and register said animal within three
(3) business days of the release of the animal.
(b)
Proof of vaccination required.
A registration tag may
not be issued for an animal that the owner cannot show current proof
that the animal has been vaccinated against rabies.
(c)
Wild and/or exotic animals.
The ACO shall register and issue wild or exotic animal permits to only those exemptions noted in sections 3.01.011(b) and (c) herein. Said issuance will be for the purpose of owner identification in cases where an animal has bitten, scratched, attacked or injured a human being or another animal and in cases where the animal might become impounded, lost, or injured. Said annual permit application shall be accompanied by a fee as established by the city council. In cases where international, federal, or state licenses and/or permits are required, the owner of the wild or exotic animal shall also obtain a wild or exotic animal permit from the ACO. No permits will be issued for the purpose of keeping any wild or prohibited animal as a pet.
(d)
Guard dogs.
Each dog which has received protection or
guard dog training and is kept in the city must be registered as a
guard dog with animal services annually in addition to the annual
dog registration. It shall be a violation of this chapter for any
person who keeps or allows any such dog to be kept upon their premises
to fail or refuse to present proof to the ACO, upon request, that
such dog has been registered as a guard dog within the preceding twelve
(12) month period. The ACO shall issue a permit to each qualifying
dog. Such permit and tag shall be valid for a period of twelve (12)
months and are not transferable to any other animal. The registration
tag shall be prominently displayed on the dog at all times by securely
affixing it to a properly fitted collar, harness, or similar device
worn by the dog. The tag and permit can only be issued provided the
owner first presents proof that the dog is currently vaccinated against
rabies. No fee shall be required for the issuance of guard dog permit
as provided herein.
(e)
Livestock.
For each head of livestock currently residing in residentially zoned districts, the owner shall register their animal annually and a picture shall be obtained of said animal by the ACO. Should the animal be sold or shall pass away then no other head of livestock may be allowed to replace said animal within residentially zoned properties [except] as required by section 3.01.012 of this chapter, provided that the number of livestock shall not exceed the requirements of section 3.01.012(a)(1)(B) of this chapter. Such annual registration shall be accompanied by a fee as established by the city council.
(Ordinance 2013-07-001, sec. 2 (8-7),
adopted 7/2/13; Ordinance adopting
2021 Code)
(a)
Impoundment generally.
(1)
Impoundment authorized; right of entry.
The ACO is hereby
authorized to capture and impound any animal upon having probable
cause to believe said animal to be in violation of any provision of
this chapter or state law which authorizes or requires the animal’s
capture and impoundment, and in so doing to enter upon any fenced
or unfenced lot, tract, or parcel of land when deemed necessary for
the protection of the public health, safety, and welfare, as allowed
by law. As a matter of policy, the ACO shall not enter upon private
property to capture and/or impound any animal known to belong to the
owner of said property without probable cause. The ACO may enter upon
the property, as allowed by law, to capture an animal if it is believed
that said animal poses a threat or danger to property, human beings,
or other animals.
(2)
Acceptance of animals; voluntary release of animal by owner.
Additionally, it is the responsibility of the ACO to accept
any animal delivered to the ACO pursuant to the requirements of this
chapter, except those animals that are voluntarily released by their
owners. For an animal to be voluntarily released, the owner must sign
an owner release form as well as pay a voluntary release fee as established
by the city council. In addition, it is the duty of the ACO to capture
and impound wild or non-domesticated animals in response to citizen’s
complaints of public nuisance or to control feral populations.
(b)
Duties of animal control officer.
(1)
Notification of owner.
If, by registration tag, the
owner of an impounded animal can be identified, the ACO will, as soon
as practical, notify the owner either in person or by telephone of
said impoundment. If the animal is locally owned within the city and
telephone contact can or cannot be made, the ACO will post a notice
on the front door of the owner’s residence indicating that the
animal has been impounded.
(2)
Holding period.
All impounded animals shall be kept
for not less than three (3) days, unless the animal is reclaimed earlier
by the owner under acceptable conditions. However, no impoundment
period is required for an animal voluntarily delivered and released
to the ACO by its owner.
(3)
Disposition of unclaimed animals.
After the expiration
of any required impoundment period, the impounded animal shall be
released to the animal services facility. At that time, the animal
shall be disposed of by adoption from the facility, by offering it
to a local animal humane group for adoption, or by humanely destroying
the animal.
(4)
Destruction of certain animals.
Any animal, whether
licensed or unlicensed, which is in great pain and suffering due to
injury and probably will not recover, or which appears to have rabies,
and/or which is at large and is posing an imminent danger to human
beings or to other animals, may be humanely destroyed by the ACO or
an agent at the animal services facility.
(5)
Multiple impoundments of unsterilized animals.
Any owner
or person redeeming an unsterilized animal from the animal services
facility for the fourth (4th) time within any twelve (12) consecutive
month period must have the animal sterilized within thirty (30) days
of the date the animal is released from the facility. Proof of said
sterilization must be provided to the ACO within ten (10) days of
compliance. Failure to provide said proof shall constitute a violation
of these regulations and will be subject to a citation.
(c)
State law for cat and dog sterilization adopted.
The
city shall comply with all sterilization laws as set forth in chapter
828 of the Texas Health and Safety Code, as amended. A copy of the
statute may be obtained from the ACO.
(d)
Adoption; sterilization agreement.
(1)
A person may adopt a dog and/or cat from the animal services facility
that has not been sterilized. The adopting person must sign an agreement
to have the animal sterilized within a given period of time determined
by an ACO. Written confirmation of such sterilization must be provided
to ACO within seven (7) days of the given date. The new owner shall
be solely and legally responsible for compliance with all requirements
specified in the adoption receipt and sterilization agreement executed
at the time the animal is adopted.
(A)
The ACO or an agent of the animal services facility may establish
an adoption receipt and sterilization agreement for use in the adoption
process, and violation of any term of such agreement shall constitute
a violation of this chapter.
(B)
Any person who fails to sterilize the animal set forth in the sterilization
agreement is guilty of a misdemeanor offense and, upon conviction,
is punishable by a fine not less than $200.00 and not to exceed $500.00.
(2)
The ACO may refuse to allow a person to adopt an animal, including
but not limited to a person whom he has reason to believe:
(A)
Would not have proper facilities to contain or care for the animal.
(B)
Wants the animal for the purpose of resale or for purposes other
than pet ownership.
(C)
There are reasonable grounds to believe the animal would be subjected
to abandonment or cruelty.
(D)
The person is under the age of eighteen (18).
(E)
That the purpose of the adoption is to avoid, or assist in the avoidance
of, the enforcement of any provision of this chapter.
(3)
The person adopting the animal shall pay all applicable costs of adoption as set forth in section 3.01.020(h) herein.
(4)
An ACO shall be the sole judge as to whether an animal is suitable
to offer for adoption; however, a decision to offer a particular animal
for adoption shall not constitute any warranty, expressed or implied,
of the health, temperament, or age of the animal.
(5)
The city and its agents, employees and officers shall have no liability
associated with the adoption or impoundment of any animal.
(e)
Reclamation of adopted animal.
(1)
If the ACO does not receive written confirmation of sterilization
or other written disposition regarding an adopted animal, as required
in this chapter, after the seventh (7th) day after the sterilization
agreement executed at the time the animal was adopted, the ACO may
promptly reclaim the animal from the new owner, or require the new
owner to return the animal to animal services facility, or impose
any other penalty as provided in this chapter.
(2)
A person shall not be entitled to any refund, reimbursement, or other
compensation regarding an animal reclaimed or returned under this
section.
(f)
Requirements to redeem impounded animal.
(1)
Generally.
An animal which has been impounded under
the provisions of this chapter may be redeemed by its owner or the
lawful representative, provided that the redeeming person:
(A)
Is at least eighteen (18) years of age;
(B)
Identifies themselves as the owner of the impounded animal or provides
proof that he is the lawful representative of such owner;
(C)
Presents identification which verifies his/her identity and date
of birth;
(D)
Properly completes all applicable redemption forms as required; and
(2)
Proof of rabies vaccination.
The owner of an impounded
animal which is subject to the rabies vaccination requirements of
this chapter shall be required to provide positive proof that the
animal is currently vaccinated against rabies at the time it is redeemed.
If the owner cannot or refuses to provide proof that the animal is
currently vaccinated against rabies at the time of redemption, the
owner shall also be required to sign an agreement, as prescribed by
animal services, and cause the animal to be vaccinated against rabies
within three (3) days. Failure to provide written confirmation of
current rabies vaccinations is a violation of this chapter and subject
to a fine.
(Ordinance 2013-07-001, sec. 2 (8-8),
adopted 7/2/13; Ordinance adopting
2021 Code)
It shall be unlawful for any person to interfere with, or attempt
to prevent, the ACO from capturing or impounding any animal which
may be legally impounded or otherwise interfere with the ACO while
carrying out his or her lawful duties.
(Ordinance 2013-07-001, sec. 2 (8-9),
adopted 7/2/13)
(a)
Right of entry; search warrants.
(1)
ACOs are hereby authorized to enter upon any fenced or unfenced lot,
tract, or parcel of land, to the extent allowed by law, for the purpose
of capturing, impounding, and/or quarantining any animal upon having
probable cause to believe said animal to have bitten, injured, or
otherwise attacked a human being or other animal; to have, or have
been exposed to, rabies or another communicable disease posing a danger
to the public health, safety, or welfare; or otherwise pose a clear
and present danger to human beings or other animals. This authorization
is granted due to the emergency created by the potential rabies hazard
or danger of injury to person or other animals, and in recognition
of the likelihood that such animal will otherwise escape capture.
As a matter of policy, ACOs shall not enter upon private property
to capture and/or impound any animal known to belong to the owner
of said property without probable cause. An ACO may enter upon a person’s
property if it is believed that said animal poses a threat or danger
to property, human beings or other animals, or is in violation of
the restraint law.
(2)
Furthermore, should the ACO have probable cause to believe an animal
has been, or is being, cruelly treated or has rabies or another communicable
disease, the ACO may, pursuant to section 821.022 of the Texas Health
and Safety Code, as amended, obtain a seizure warrant and impound
such animal, even if it is enclosed on private property.
(3)
The ACOs may seek all available remedies allowed by law to gain entry
onto property, including but not limited to search and seizure warrants.
(b)
Failure to deliver animal for quarantine.
It shall be
unlawful and a violation of this chapter for any person to fail to
deliver an animal to the ACO, upon demand for impoundment, when an
animal must be quarantined for legitimate medical reasons or for other
health and safety reasons stated in this chapter.
(Ordinance 2013-07-001, sec. 2 (8-11),
adopted 7/2/13)
(a)
Keeping of wild or exotic animals prohibited.
Any species
of wild or exotic animal, not considered domesticated according to
generally accepted animal control or veterinary practices, that poses
a potentially serious threat to public health, safety or welfare,
or is protected by international, federal, or state regulations, or
any other wild animal, including birds of prey capable of or inclined
to do serious bodily harm to humans or other domestic animals or fowl,
shall not be kept within the corporate limits of the city.
(b)
Exemptions for certain persons and agencies.
The provisions in subsection (a) above shall not apply to the keeping of wild or exotic animals if the owner or possessor:
(1)
Is a governmental agency or entity;
(2)
Holds a circus, carnival, or zoo license from the state;
(3)
Is a licensed individual, or a member of a nonprofit animal rehabilitation
organization holding a permit from the state department of parks and
wildlife; or
(4)
Is a research institution or an accredited educational institution.
(c)
Exceptions for certain animals.
(1)
The following wild or exotic animals may be kept within the city,
provided certain requirements are met:
(A)
Bison, provided they are kept on lots or tracts of land two (2) acres
or greater in area; however, it shall be a defense to prosecution
regarding the keeping of bison on lots or tracts of land less than
two (2) acres in area that no more than the number of bison in question
were being kept on the same premises, by the same owner, prior to
the adoption of this chapter;
(B)
Emus, ostriches, or rheas, pursuant to the provisions of section 3.01.012 herein; however, it shall be a defense to prosecution regarding the number of emus, ostriches, or rheas being kept that no more than the number of emus, ostriches, or rheas in question were being kept on the same premises, by the same owner, prior to the adoption of this chapter;
(C)
Exotic birds, provided they are not birds of prey; or
(2)
The aforementioned animals listed in this section may be kept within
the city provided the owner or possessor of such animals meets the
following requirements:
(A)
Any area within the city where these animals are kept is greater
than two (2) acres and maintains an agricultural exemption on property
taxes.
(B)
Any enclosure, corral, pen, cage or restrictive area in which these
animals are kept is constructed so as to prevent their escape.
(C)
All necessary international, federal, state, or local licenses and/or
permits have been obtained, if required.
(d)
Impoundment, quarantine or seizure of wild or exotic animals.
The ACO may seize and/or order the immediate impoundment or
quarantine, at the owner’s expense, of any wild or exotic animal
found in the city where there is a potentially serious threat to public
health, safety, or welfare, and/or if in violation of any provision
of this chapter. The ACO may seek a seizure warrant from a justice
court, county court, or municipal court, which court, upon probable
cause, may issue a warrant authorizing a seizure. A hearing shall
be conducted on this disposition of the animal within ten (10) business
days of the date of seizure. The owner or harborer of the animal,
to the extent the same is known or can be determined through reasonable
due diligence, shall receive written notice of the hearing, by personal
service and/or certified mail, return receipt requested, as soon as
practicable but not later than five (5) days prior to the hearing.
(Ordinance 2013-07-001, sec. 2 (8-12),
adopted 7/2/13)
(a)
Generally.
(1)
Regulations and restrictions.
It shall be unlawful for
any person to keep or permit the keeping of livestock on premises
owned by him or under his control, except in compliance with the following
regulations:
(A)
Allowable locations.
Livestock shall be only allowed
to be kept on lots or tracts of land that have an Agricultural exemption
registered with the Tarrant Appraisal District and the overall area
of the property exceeds one (1) acre.
(B)
Number of animals.
It shall be unlawful for any person
to keep a cow, horse, or other livestock animal on any premises in
which the overall area of the property is less than one (1) acre for
each animal being kept, or to keep more than can be cared for under
sanitary conditions and not create a nuisance, and in no event shall
the number of such animals exceed the permitted number of adults,
and their foals or calves up to six months of age. The number of cows,
horses, or other livestock animals permitted shall not exceed one
(1) adult or animal over the age of six (6) months per one (1) acre
of property. The person in lawful possession of the premises, as owner
or tenant, may keep thereon livestock belonging to others, but the
limitation as to the number of animals on the premises and the area
and distance requirements of this section shall apply and the keeping
of such animals shall not be done as a commercial business in violation
of the zoning ordinance.
(C)
Enclosure for small livestock.
Any enclosure, pen, corral,
or other restrictive area for small livestock shall consist of a solid
wall stretching from the ground to at least four feet in height and
does not sway or give way when tested by the ACO or shall consist
of a fence that is sufficient enough to hold said animal(s).
(D)
Gates for small livestock enclosures.
Gates for small
livestock enclosures shall be mounted on hinges to a solid wall or
fence post and stretch from the ground to at least four (4) feet above
the ground. Such a gate must connect with another fence post or wall
in such a manner that small livestock cannot pass through it, and
the gate itself must be constructed so that there is not an opening
in it larger than 7-1/2 inches by 12 inches. Such gates must have
a latch or chain attached capable of keeping the gate closed when
tested by an ACO.
(E)
Enclosure for large livestock.
Any enclosure, pen, corral,
or restrictive area for large livestock shall consist of a solid wall
stretching from the ground to at least four feet in height and does
not sway or give way when tested by the ACO or shall consist of a
fence that is sufficient enough to hold said animal(s).
(F)
Gates for large livestock enclosures.
Gates for large
livestock shall be mounted on hinges to a solid wall or fence and
stretch from one foot above the ground to at least four (4) feet above
the ground. Such a gate must connect to another fence post or solid
wall in such a manner that large livestock cannot pass through and
the gate itself must be constructed so that there is not an opening
in it large enough for large livestock to pass through. Such gates
must have a latch or chain attached capable of keeping the gate closed
when tested by an ACO.
(G)
Small and large livestock kept together.
When small
and large livestock are kept together, the standards for small livestock
must be met.
(H)
Distance from human living quarters.
It shall be unlawful
for any person, firm, or corporation to keep on premises under his
or its control, within the city limits, any small or large livestock
in such a manner that the livestock will be quartered closer than
one hundred fifty (150) feet to any human living quarters or abutting
properties, other than the living quarters of the owner or keeper.
(I)
Confinement of male equines.
Male equines, including
but not limited to horses, capable of breeding, will be confined in
such a manner that said animal will not be dangerous to human beings,
and all breeding shall be under the control of the owner or handler.
(J)
Animal care.
The provisions of section 3.01.004 herein, relative to animal care in general, shall specifically apply to the keeping of livestock.
(K)
Existing conditions.
It shall be a defense to prosecution regarding the number of livestock being kept that the same livestock and no more than the number and kinds of livestock in question were being kept on the same premises, by the same owner, prior to the adoption of this chapter. Notwithstanding the foregoing, at such time as the livestock on the property dies or is otherwise disposed of by the owner, it may not be replaced until such time as the livestock meets the requirements set forth herein and then may only be replaced to the extent such number and kind is in conformance with section 3.01.007(e).
(L)
Keeping swine.
Notwithstanding anything herein to the
contrary, it shall be unlawful and a violation of this chapter for
any person, other than a veterinarian, to keep any live swine within
the city, except on properties exceeding three (3) acres.
(2)
Other setback requirements; existing structures.
Notwithstanding
the foregoing, should another provision of the city Code of Ordinances,
such as the zoning ordinance, govern the setback requirement for a
specific structure, or related to the keeping of livestock, said other
provision controls. Further, any structure that is in existence on
the date of the passage of this chapter shall constitute a nonconforming
structure, which shall be grandfathered until such time as the same
is removed with the intent to abandon, enlarge, change/remodel, or
relocate the structure or is otherwise deemed to be a nuisance.
(b)
Adequate fences and barriers.
It shall be unlawful for
any person to keep on their premises any livestock without providing
adequate fences or barriers that will prevent such livestock from
escaping and/or damaging neighboring flowers, trees, shrubbery and/or
other property located on adjacent property. It shall be a rebuttable
presumption that such fences or barriers are inadequate for the designated
purpose, if livestock escapes from the premises. This presumption
is rebuttable and shall have the effects and consequences set forth
in section 2.05 of the Texas Penal Code. A fence or barrier may include
but is not limited to electronic barriers, whether underground [or
above ground], electrified wiring, or the erection of any structure
of wood or wire, wood and wire, masonry or any other material, whether
it encloses land on all sides or only on one or more sides, which
is intended to prevent the passage of livestock. Such a fence or barrier
is the means by which the land is enclosed so as to prevent the ingress
and egress of livestock, and to make a complete enclosure that is
sufficient, in usual circumstances, to turn livestock of ordinary
habits and disposition.
(c)
Barns, stables, and other animal facilities.
All barns,
stables, and other animal facilities constructed after the passage
of this chapter shall meet requirements of the city building code
and zoning ordinances, as applicable thereto.
(d)
Places livestock prohibited.
It shall be unlawful for
any person to ride or allow any type of livestock upon any public
school ground, public park or municipal grounds within the city other
than public rights-of-way or areas designated for such purpose; provided,
however the provisions of this section shall not apply to the riding
or showing of horses or other livestock in conjunction with authorized
parades, carnivals or other school or civic sponsored programs or
events. At all times, it shall be unlawful for any person to allow
said livestock to defecate on the public right-of-way and not remove
such defecation.
(Ordinance 2013-07-001, sec. 2 (8-13),
adopted 7/2/13)
(a)
Authority to impound livestock.
Any livestock found
running at large within the corporate limits of the city may be impounded
by the ACO, the county sheriff’s department, or their designee.
(b)
Disposal of impounded livestock.
(1)
In the event that ownership of the impounded livestock cannot be determined, and after being held for a period of three (3) days, the livestock may be impounded by the county sheriff’s department. Should the owner be located within the three (3) day period, the owner shall pay all required fees set forth in section 3.01.019 [3.01.020] herein. The city, by this provision, intends to comply with any applicable provision of state law relative to the impoundment of estrays.
(2)
If impounded livestock are sold at public auction by the county sheriff’s
department, the county holding facility will apply such amount of
the proceeds as necessary to satisfy the fees and costs incurred because
of animal impoundment and auction, any fees and costs incurred by
the city for impounding the livestock, and restitution for any damage
sustained by a property owner for said livestock having been at large,
upon submission of a notarized affidavit and satisfactory proof of
such damage. Upon payment of all fees, costs and restitution, any
remaining monies shall be returned to the owner of the livestock,
upon submission of a sworn, notarized affidavit that the applicant
was in fact the owner of the livestock immediately prior to the sale.
(Ordinance 2013-07-001, sec. 2 (8-14),
adopted 7/2/13)
(a)
Enclosure requirements.
Fowl, rabbits, and pot-bellied pigs must be kept indoors, or if outdoors in a secure pen or enclosure, and the owner shall have at least one (1) acre of property. Litter and droppings from these animals must be collected and disposed of in accordance with section 3.01.019(b) herein. Provided, however, that the provisions of this section shall not apply to ducks or other waterfowl inhabiting natural or man-made watercourses or bodies of water.
(b)
Number of rabbits and pot-bellied pigs.
It shall be
unlawful for any person to knowingly be in possession of more than
twelve (12) rabbits or three (3) pot-bellied pigs on any premises
in the city. It shall be a defense to prosecution regarding the number
of rabbits or pot-bellied pigs being kept that the same rabbits or
pot-bellied pigs and no more than the number and kinds of rabbits
or pot-bellied pigs in question were being kept on the same premises,
by the same owner, prior to the adoption of this chapter. Provided,
however, that no rabbit or pot-bellied pig that dies or is otherwise
disposed of by the owner may be replaced to the extent that such replacement
would be in excess of the allowable limitation of animals.
(c)
Chickens and roosters.
(1)
Chickens and roosters are prohibited within the city limits and are
declared to be nuisances under chapter 217 of the Texas Local Government
Code when located in residential districts.
(2)
Roosters are banned within the corporate city limits and are declared
to be nuisances under chapter 217 of the Texas Local Government Code
when located in residential districts.
(d)
Exotic birds.
Except for exotic birds not raised, kept,
or harbored for commercial purposes, it shall be unlawful for any
person, firm, or corporation to maintain, own, or control any premises
within the city limits where more than an aggregate of twelve (12)
fowl are kept or harbored in one enclosure; provided further, however,
that not more than one-fourth of the maximum allowable number of such
animals may be of the male of the species. “One enclosure”
as that term is used herein shall be held to mean any and all connected
buildings, whether under one roof or otherwise, and buildings and
sheds which may have entrances to the same or adjoining lot or lots
with a gateway or other opening between them.
(e)
Wild birds.
It shall be unlawful to own or keep ducks,
turkeys, geese, or peacocks within the corporate city limits.
(Ordinance 2013-07-001, sec. 2 (8-15),
adopted 7/2/13)
It is unlawful for any person to keep, or allow to be kept,
bees in such a manner as to deny the reasonable use and enjoyment
of adjacent property or endanger the personal health, safety, and
welfare of the inhabitants of the city. Honeybees may be kept if the
following conditions are met:
(1)
All
hives shall be located a minimum of one hundred and fifty (150) feet
from any inhabited dwelling other than that of the person keeping
such bees;
(2)
No
more than three (3) hives shall be allowed on lots or tracts of land
less than one (1) acre in area;
(3)
There
is an adequate source of water within twenty (20) feet of all hives;
and
(4)
Any
hive contaminated with or known to have Africanized honey bees (killer
bees) shall be destroyed by a qualified beekeeper at the owner’s
expense.
(Ordinance 2013-07-001, sec. 2 (8-16),
adopted 7/2/13)
(a)
Generally.
Only humane live animal traps may be used
for capturing animals roaming unrestrained in the city; provided,
however, this does not preclude the use of commercially sold rat and
mouse traps to be utilized as intended by the manufacturer in accordance
with the manufacturer’s directions for use, in that person’s
residence, accessory structure or commercial establishment.
(b)
Certain traps prohibited.
The placing or baiting of
any steel-jawed trap (commonly known as a “bear trap,” “wolf
trap,” or “coyote trap”) within the corporate limits
of the city is expressly prohibited. As an exception to this subsection,
governmental agencies and entities shall be permitted to use such
traps and equipment necessary and permitted by state law or regulations.
(c)
Traps on public property.
Any animal traps found on
public property are hereby declared to be abandoned, and the ACOs
are hereby authorized and directed to seize any such trap and process
the same as abandoned property in accordance with the applicable provisions
of state law and city procedures.
(d)
Domestic animal traps.
It shall be a violation of this
chapter to use anything other than commercially sold animal food to
bait any trap used for the purpose of trapping any at-large domestic
animal. Unless the adjacent properties are separated by a solid masonry
or wood fence of a minimum six-foot (6') height, traps used for such
purpose shall not be placed or located within ten feet (10') of adjacent
property lines. In the event no such fence exists and the size, shape,
or other characteristics of the property preclude traps from being
placed or located ten feet (10') from adjacent property lines, said
traps shall be placed or located as far from adjacent property lines
as practicable.
(Ordinance 2013-07-001, sec. 2 (8-17),
adopted 7/2/13)
No person shall place any substance or article which has in
any manner been treated with any poisonous substance in any place
accessible to human beings, birds, dogs, cats, or other animals with
the intent to kill or harm animals. This shall include anti-freeze
purposely left exposed to poison animals. This section, however, does
not preclude the use of commercially sold rodent poisons when applied
in accordance with the manufacturer’s directions for such use,
in that person’s residence, accessory structure or commercial
establishment.
(Ordinance 2013-07-001, sec. 2 (8-18),
adopted 7/2/13)
(a)
Disposal of dead animals except livestock.
(1)
It shall be the owner’s responsibility to remove and properly
dispose of a deceased animal with twenty-four (24) hours of the death
of the animal. If requested by the owner, the ACO will pick up a deceased
domestic animal if the animal has been placed in a sealed clear plastic
bag and left at curb-side and [the owner] has paid a fee as established
by the city council.
(2)
The ACO shall have the authority to take custody of and dispose of
all deceased animals found on any roadway, street, highway, and/or
public or private property where the owner cannot otherwise be identified.
(b)
Disposal of dead livestock.
It shall be the specific
responsibility of the owner of any livestock to have the livestock
removed and properly disposed of within twenty-four (24) hours of
the death of said livestock, consistent with state law.
(Ordinance 2013-07-001, sec. 2 (8-19),
adopted 7/2/13; Ordinance adopting
2021 Code)
(a)
Maximum number of animals.
(1)
The keeping of more than the maximum number of animals permitted
by this chapter, or the zoning ordinance, as amended, shall be a public
nuisance.
(2)
It shall be unlawful to keep or harbor more than four (4) dogs and
four (4) cats in the aggregate three (3) months of age or older on
any premises used or zoned for residential purposes, unless otherwise
restricted by the zoning ordinance.
(b)
Disposal of excrement: defecation on public and private property.
(1)
All animal manure and other excrement shall be disposed of in such
a manner so as to prevent it from becoming a public nuisance.
(2)
An owner, harborer, or other person having care, custody, or control
of a dog or a horse commits an offense if he knowingly permits, or
by insufficient control allows, the dog or the horse to defecate in
the city, except:
(A)
On private property other than property owned, leased, or controlled
by the owner, harborer, or person having care, custody, or control
of the dog; or
(B)
On public property or any other place to which the public or a substantial
group of the public has access, including but not limited to a street,
sidewalk, alley, park, or playground, or any common area of a school,
hospital, apartment house, office building, transport facility, or
shop.
(3)
It is a defense to a prosecution under subsection (2) that:
(A)
The owner, harborer, or other person having care, custody, or control
of the dog or horse immediately and in a sanitary manner removed and
disposed of, or caused the removal and disposal of, all excreta deposited
on the property by the dog or horse;
(B)
The dog was specially trained to assist a person with a disability
and was in the care, custody, or control of that disabled person at
the time it defecated on the property;
(C)
The owner or person in control of the property had given prior consent
for the dog or horse to defecate on the property; or
(D)
The dog or horse was being used in official law enforcement activities.
(c)
Noise prohibited.
It shall be unlawful for any owner to allow an animal to cause a disturbance by excessive, continuous, habitual, or untimely barking, howling, crowing, or noise-making near the private residence of another, consistent with the city’s noise ordinance, section 8.03.005 of the Code of Ordinances. A person shall be deemed to have knowingly violated the terms of this section if such a person is notified by the ACO of a complaint regarding an animal noise disturbance and fails to cease and thereafter prevent its recurrence.
(d)
Odors or unclean conditions prohibited.
(1)
It shall be unlawful for any owner to allow an animal to be kept
in a manner or under conditions which create foul odors, unsanitary
conditions, an unreasonable presence of vermin or their offspring,
or other harmful or offensive conditions which can be attributed to
the presence of the animal, or to its physical or environmental conditions,
including but not limited to the accumulation of animal excreta.
(2)
It shall be unlawful for any owner to allow an animal to produce
odors or unclean conditions sufficient to create a public nuisance.
(3)
A person who violates this subsection is guilty of a misdemeanor
offense and, upon conviction, is punishable by a fine of not less
than $200.00 or more than $2,000.00.
(e)
Animals at large prohibited.
It shall be unlawful for any owner to allow an animal to chase vehicles or molest, attack, or interfere with other animals or persons on public property, or be at large as defined in section 3.01.001 herein. The ACO is authorized to impound any animal at large.
(f)
Enhancement of penalty.
Violation of this section, except
as otherwise specifically stated herein, is a misdemeanor offense
and, upon conviction, is punishable by fine not to exceed:
(Ordinance 2013-07-001, sec. 2 (8-20),
adopted 7/2/13)
(a)
Class A: Dogs and cats.
(1)
Impoundment fees for each dog or cat that has been sterilized shall
be as established by the city council.
(2)
Impoundment fees for each dog or cat that has not been sterilized
shall be as established by the city council.
(3)
Dogs and cats under the age of one (1) year shall be charged the
sterilized animal fee. Animals may be exempted from sterilization
upon written recommendation from a licensed veterinarian that such
alternatives would be harmful or dangerous to the animal. Owners of
these animals are to be subject to the lower impoundment fee.
(b)
Class B: Small livestock.
This shall include goats,
sheep, lambs, swine, calves, foals, and animals of the same approximate
size and weight. Fees shall be set by the county in accordance with
the Texas Estray Act (V.T.C.A., Agriculture Code chapter 142).
(c)
Class C: Large livestock.
This shall include cattle,
horses, ponies, mules, and animals of the same approximate size and
weight. Fees shall be set by the county in accordance with Texas Estray
Act (V.T.C.A., Agriculture Code chapter 142).
(d)
Class D: Other animals.
Animals not listed hereinabove
shall be disposed of at the discretion of the ACO.
(e)
Handling fee.
A daily handling fee shall be charged
for every day, or fraction thereof, that an animal is at the animal
services facility. Said fee shall be based upon the class of animal
enumerated above. The fee for class A animals and class D animals
shall be as established by the city council. Class B and class C animals
are impounded by the county in accordance with the Texas Estray Act
(V.T.C.A., Agriculture Code chapter 142).
(f)
Fees for quarantined animals.
The owner of any class
A animal held in quarantine for observation purposes shall be charged
a fee as established by the city council for each day or fraction
of a day an animal is at the animal services facility. The owner of
a class D animal shall be charged a fee as established by the city
council for each day or fraction of a day the animal is quarantined
at the animal services facility. This fee shall be in addition to
impoundment and daily handling fees.
(g)
Euthanasia fees.
Fees for euthanasia, shipping and testing
a sample shall be as established by the city council.
(h)
Adoption fee.
The prospective adopter pays the adoption
fee as assessed by the Ft. Worth Animal Care and Control Center.
(i)
Billing.
Fees charged may include one or more of the
enumerated fees stated herein and shall be itemized upon release of
the animal.
(Ordinance 2013-07-001, sec. 2 (8-21),
adopted 7/2/13; Ordinance adopting
2021 Code)
The city council hereby expressly adopts the regulations and
procedures outlined in the Texas Health and Safety Code, section 822.001
et seq., as amended.
(Ordinance 2013-07-001, sec. 2 (8-10(A)),
adopted 7/2/13)
No person shall knowingly sell, own, offer for sale, breed,
possess, keep, buy or attempt to buy, or train a dangerous animal
within the city unless the owner has received the proper permit(s)
pursuant to this chapter.
(Ordinance 2013-07-001, sec. 2 (8-10(B)),
adopted 7/2/13)
(a)
Upon
receipt of a written sworn notarized affidavit by any person, charging
that a particular animal is dangerous, the ACO shall investigate the
incident within two (2) working days to determine whether such animal
is, in fact, dangerous. If the animal has bitten a human or other
animal then the animal must be held at the animal services facility
or at an approved quarantine veterinarian clinic for the period required
by law. Any written sworn notarized affidavit shall contain at least
the following information:
(1)
Name, address, and telephone number of the complainant and witnesses;
(2)
Date, time, and location of the incident(s);
(3)
A complete description of the animal including breed, color, sex,
size, etc.;
(4)
Name, address, and telephone number of the animal’s owner,
if known, and/or the premises where the animal is kept;
(5)
A statement that the animal bit or attacked with as much detail as
possible with regard to the incident and whether medical attention
was required; and
(6)
Any other facts that the complainant believes to be relevant.
(b)
The
following will apply regarding the investigation pursuant to chapter
822 of the Texas Health and Safety Code to determine whether an animal
shall be declared “dangerous”:
(1)
The owner of the animal shall deliver the animal to the ACO for impoundment
within five (5) days of the notice that a sworn complaint has been
filed.
(2)
The suspect animal shall be seized by the ACO pursuant to a sworn
complaint, and impounded and if necessary medically examined at the
owner’s expense if the animal caused serious bodily injury to
a person or other animal requiring medical treatment. An animal causing
serious bodily injury shall be held at an animal services facility
pending the outcome of an investigation and determination as to whether
the animal is, in fact, classifiable as dangerous. Such an investigation
to determine if an animal is dangerous shall be conducted within ten
(10) days after receipt of the complaint or seizure of the animal.
(3)
Notice of the investigation shall be provided by the ACO to the owner
of the animal either in person or by certified mail, return receipt
requested. The complainant in the matter shall also be notified either
in person or by certified mail, return receipt requested, of the investigation.
During the investigation all parties shall be given the opportunity
to present evidence on the issue of whether such animal is to be declared
dangerous.
(c)
Upon
conclusion of an investigation to determine if an animal is dangerous,
the ACO may find that the animal is not dangerous. In such case, the
animal shall be returned to the owner, provided the animal has been
properly vaccinated and registered, and all impoundment and medical
fees paid.
(d)
Should
the animal be classified as a dangerous animal, the owner shall comply
with one of the following requirements:
(e)
No
animal shall be declared a dangerous animal if the threat, injury,
or damages caused by the animal were the result of a willful trespass
upon another’s property; or the person injured was tormenting,
abusing, or assaulting the animal or its owner, or was committing
or attempting to commit a crime at the time of injury.
(f)
If
an animal that has been declared a dangerous animal causes death or
serious bodily injury to a person, the court may order the dangerous
animal destroyed by a person listed in the Texas Health and Safety
Code, section 822.004, as amended, and all related expenses will be
paid by the owner.
(g)
The
owner may permanently remove the dangerous animal from the city limits,
upon compliance with the following conditions:
(1)
The new owner must comply with local and state regulations for owning
a dangerous dog and acknowledge, by sworn affidavit, that he has been
advised that the dog has been deemed dangerous, is aware of the state
law requirements and agrees to be bound by state law requirements.
(2)
The name, address, and phone number of the location [where] the animal
will be kept must be submitted to the ACO.
(3)
The ACO shall notify the local authority of the classification of
said animal as dangerous.
(4)
Proof of compliance with the local and state laws from the local
authority relating to dangerous dogs must be provided to the city.
(Ordinance 2013-07-001, sec. 2 (8-10(C)),
adopted 7/2/13)
(a)
Basis of seizure.
The municipal court shall order the
seizure of a dog and issue a warrant authorizing said seizure upon:
(1)
A sworn complaint that the dog caused the death of or serious bodily
injury to a person; and upon
(2)
A showing of probable cause to believe that the dog caused the death
of or serious bodily injury to a person.
|
The dog is to be seized and impounded until the court orders
the disposition of the animal.
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(b)
Hearing.
A hearing is to be set by the court not later
than the 10th day after the date on which the warrant is issued. The
court is to give written notice to the concerned parties, the owner
or person from whom the dog was seized and the complainant and any
other interested party, including the city attorney.
(c)
Destruction of dog.
The dog must be destroyed if the
court finds that the dog caused the death of a person. The dog may
be ordered destroyed if the court finds it caused only serious bodily
injury by attacking, biting, or mauling a person. If such findings
are not made, the court is to release the dog to the owner, the person
from whom the dog was seized, or any other authorized person.
(d)
Exceptions to destruction.
Even if the dog caused serious
bodily injury to a person by attacking, biting, or mauling, the court
may not order its destruction if it also finds one of the following
to be true:
(1)
The dog was being used for protection of a person or a person’s
property and the attack, bite, or mauling occurred in the enclosure
in which the dog was being kept, and:
(2)
The dog was not being used for the protection of a person or a person’s
property but the attack, bite, or mauling occurred in the dog’s
enclosure, and the injured person was at least eight (8) years old,
and was trespassing in the enclosure at the time of the attack, bite,
or mauling;
(3)
The attack, bite, or mauling occurred during an arrest or other action
by a peace officer while the peace officer was using the dog for law
enforcement purposes;
(4)
The dog was defending a person from an assault or a person’s
property from damage or theft by the injured person; or
(5)
The injured person was younger than eight (8) years old and the attack,
bite, or mauling occurred in the dog’s enclosure in which the
dog was being kept, and the enclosure was reasonably certain to keep
a person younger than eight (8) years old from entering the enclosure.
(Ordinance 2013-07-001, sec. 2 (8-10(D)),
adopted 7/2/13)
Not later than the 30th day after a person learns that the person
is the owner of a dangerous dog, then the person shall:
(1)
Register
the dangerous dog with the ACO;
(2)
Obtain
liability insurance or show financial responsibility in an amount
of at least one hundred thousand dollars ($100,000.00) to cover damages
resulting from an attack by the dangerous dog causing bodily injury
or death of any person, or for damages to any person’s property,
resulting from the keeping of such dangerous animal. Acceptability
of such proof of liability insurance coverage shall be subject to
the final review and approval of the city attorney, which coverage
shall require that it may not be cancelled without prior written notification
to the city not less than thirty (30) days prior to cancellation.
It shall be unlawful for an owner of any dangerous dog found in the
city to fail or refuse to present proof to an ACO or a designated
representative, upon request of current liability insurance coverage
as required under this section;
(3)
Restrain
the dangerous dog at all times on a leash no more than six (6) feet
in length and in the immediate control of the owner, or in a secure
pen or enclosure as prescribed in this section.
(A)
All dangerous dogs, if not in a secure pen, shall be securely confined
indoors;
(B)
No dangerous animal may be kept on a porch, patio, or in any part
of a house or structure that would allow the animal to exit such building
of its own volition. In addition, no dangerous animal may be kept
in a house or structure when the windows are open or when screen windows
or screen doors are the only obstacles preventing the animal from
exiting the structure;
(4)
Provide
to the ACO the name and address of the owner; breed, age, sex, color
and any other identifying marks of said animal; the location where
the animal is to be kept if not at the address of the owner; two (2)
color photographs of the dangerous animal, and the aforementioned
certificate of liability insurance;
(5)
Provide
proof of the required documents necessary to register the animal,
and pay the required registration fee. The ACO shall provide to the
owner a registration tag designating the animal as dangerous. The
owner must place the tag on the animal’s collar and must ensure
that the animal wears such tag and collar at all times;
(6)
Not
allow the animal to go outside its pen, cage or enclosure unless the
animal is under physical restraint and securely muzzled. No person
shall permit a dangerous animal to be kept outside its cage, pen,
or enclosure on a chain, rope, or other type of leash unless the owner
is in physical control of the chain, rope, or other type of leash.
Dangerous animals shall not be leashed to inanimate objects such as
trees, posts, buildings, etc. Signs giving notice of the dangerous
animal shall be prominently displayed so that all persons entering
said property are immediately notified a dangerous animal is being
kept at the location; and
(7)
The
owner shall microchip the dangerous animal, and provide the microchip
identification number and proof of insertion of the chip from a licensed
veterinarian to animal services.
(Ordinance 2013-07-001, sec. 2 (8-10(E)),
adopted 7/2/13)
(a)
If the owner fails to register and restrain the dangerous dog and/or obtain liability insurance and/or comply with all other municipal restrictions, regulations or requirements and/or otherwise deliver the dog to the ACO, said owner shall deliver the dog to the ACO not later than the 30th day after the owner learns that the dog is a dangerous dog. If, upon application, a justice court, county court, or municipal court finds that the owner failed to comply with section 3.02.005 of this article, the court shall order the ACO to seize the dog and shall issue a warrant authorizing the seizure of the dog. The ACO shall seize or cause to be seized the dog and provide for impoundment under secure, humane conditions. The owner shall pay any cost or fee assessed by the city related to the seizure, acceptance and impoundment of the dog. The owner then has eleven (11) days after the seizure to comply or the dog must be ordered humanely destroyed. The court can destroy the dog after fifteen (15) days if the owner cannot be found.
(Ordinance 2013-07-001, sec. 2 (8-10(F)),
adopted 7/2/13; Ordinance adopting
2021 Code)
The pen, cage, or enclosure for a dangerous animal must be constructed
of new materials of sufficient strength to prevent the animal’s
escape, and must have secure sides, a secure top attached to the sides,
and a secure bottom which is either attached to the sides or constructed
so that the sides of the structure are embedded in the ground no less
than two (2) feet.
(Ordinance 2013-07-001, sec. 2 (8-10(G)),
adopted 7/2/13)
An owner learns that he is the owner of a dangerous dog when
one of the following events occurs:
(1)
The
owner knows of an attack as described in Texas Health and Safety Code
section 822.041(2)(A) or (B) and as provided herein;
(2)
The
dog 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;
(3)
The
dog 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;
(4)
The
owner receives notice that the municipal court has found the dog is
dangerous after a hearing on the matter, either on a report of an
attack that caused bodily injury, or after an owner fails to comply
with the requirements of an owner of a dangerous dog; or
(5)
The
owner is informed by the ACO that the dog is dangerous as determined
by the ACO through investigations and upon sworn statements. The owner
may appeal this decision to the municipal court within fifteen (15)
days.
(Ordinance 2013-07-001, sec. 2 (8-10(H)),
adopted 7/2/13)
Findings of the ACO pertaining to dangerous animals may be appealed
to the city municipal court, county court, or justice court of competent
jurisdiction in accordance with the Health and Safety Code, chapter
822.0421(b), as amended. An owner may appeal the decision of the ACO
to the magistrate of the municipal court in the same manner as an
appeal is made for other criminal cases, but not later than the 15th
day after the owner is notified; however, the animal shall continue
to be impounded at the owner’s expense at the designated animal
services facility for observation and to protect the health and safety
of the public until a final disposition is reached, or compliance
with the requirements for the keeping of a dangerous dog are satisfied.
Appeal from the municipal court determination is the same as any other
appeal from the municipal court.
(Ordinance 2013-07-001, sec. 2 (8-10(I)),
adopted 7/2/13)
Criminal responsibility for the keeping of a dangerous dog may
be established by intent, knowledge, or recklessness.
(Ordinance 2013-07-001, sec. 2 (8-10(J)),
adopted 7/2/13)
(a)
A
person may report a dangerous dog incident to the municipal court
requiring only the establishment of bodily injury and not serious
bodily injury.
(b)
The
dog owner must then deliver the dog to the ACO not later than the
5th day from the date the owner receives notice that the report has
been filed.
(c)
If
the owner fails to deliver the animal, the municipal court can issue
a warrant authorizing the seizure of the dog. The dog will be impounded,
at the owner’s expense, until the court orders the disposition
of the dog.
(d)
Once
the court has received an incident report, the court will hold a hearing
to determine whether a dog is dangerous or whether the owner has complied
with the requirements for an owner of a dangerous dog not later then
the 10th day after the dog is seized or delivered in accordance with
[Health and Safety Code] section 822.0423.
(e)
The
appeal of the municipal court’s decision is in the same manner
as provided in the appeal of other municipal court cases.
(Ordinance 2013-07-001, sec. 2 (8-10(K)),
adopted 7/2/13)
(a)
The
ACO, to the extent applicable, shall adhere to procedures relative
to dogs that are a danger to animals, as set forth in subchapter B,
section 822.011 et seq., of the Texas Health and Safety Code.
(b)
Dogs
deemed to be dangerous due to attacks on domestic animals shall be
subject to the procedures set forth in this section for registration,
hearing, determination and/or destruction.
(Ordinance 2013-07-001, sec. 2 (8-10(L)),
adopted 7/2/13)
