When used in this chapter, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows:
Adequate shelter.
A clean and sturdy structure that:
(1) 
Has a roof, walls on at least three (3) sides, and an opening on the fourth side allowing the dog to access the interior of the structure;
(2) 
Has a floor that is elevated enough to keep the interior surface of the structure dry from precipitation;
(3) 
Provides the dog protection from inclement weather;
(4) 
With dimensions that are appropriate based upon the size and weight of the dog; and
(5) 
With dimensions that allow the dog while in the shelter to stand erect, sit, turnaround, and lie down in a normal position.
Cat.
Any live or dead cat (Felis catus).
Choker collar.
A length of chain or nylon cord or rope with rings at either end such that the collar can be formed into a loop around the animal's neck that slips (adjusts) tighter when pulled and slips looser when tension is released.
Collar.
A band of material specifically designed to be placed around the neck of a dog.
Currently vaccinated.
Vaccinated and satisfying the following criteria:
(1) 
The animal must have been at least three months of age at the time of vaccination.
(2) 
At least thirty (30) days have elapsed since the initial vaccination.
(3) 
Not more than twelve (12) months have elapsed since the most recent vaccination.
Dangerous dog.
A dog that:
(1) 
Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) 
Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the 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.
Dog.
A domesticated animal that is a member of the canine family.
Domestic animal.
Includes all species of animals commonly and universally accepted as being domesticated.
Harboring.
The act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter or care for a period of three (3) days.
Harness.
A set of straps constructed of nylon, leather, or similar material, specifically designed to restrain or control a dog.
Inclement weather.
Includes rain, hail, sleet, snow, high winds, extreme low temperatures (below 32 degrees Fahrenheit), extreme high temperatures (above 100 degrees Fahrenheit), or any combination thereof.
Owner.
A person who owns or has custody or control of the animal.
Pet animal.
Includes dogs, cats, rabbits, rodents, birds, reptiles, and any other species of animal which is sold or retained as a household pet, but shall not include skunks, nonhuman primates and any other species of wild or carnivorous animal that may be further restricted in this law.
Police chief or local health authority.
The persons designated by the city to receive reports of animal bites, investigate bite reports, ensure quarantine of possibly rabid animals and otherwise carry out provisions of the state law pertaining to control and eradication of rabies.
Properly fitted.
With respect to a collar or harness, a collar or harness that:
(1) 
Is appropriately sized for the dog based on the dog's measurements and body weight;
(2) 
Does not choke the dog or impede the dog's normal breathing or swallowing; and
(3) 
Does not cause pain or injury to the dog.
Restraint.
A chain, rope, tether, leash, cable or other device that attaches a dog to a stationary object or trolley system.
Running at-large.
Not completely confined by a building, wall, or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner's private property. An animal within an automobile or other vehicle of its owner shall not be deemed "running at-large."
Secure enclosure.
A fenced area or structure that is:
(1) 
Locked;
(2) 
Capable of preventing the entry of the general public, including children;
(3) 
Capable of preventing the escape or release of a dog;
(4) 
Clearly marked as containing a dangerous dog; and
(5) 
In conformance with the requirements for enclosures established by the local animal control authority.
Serious bodily injury.
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.
Shade.
Comparative darkness and coolness caused by shelter from direct sunlight; as in 'sitting in the shade.'
Stray animal.
Any animal for which there is no identifiable owner or harborer.
Unenclosed shaded space.
An unenclosed space that provides natural and/or artificial shade from direct sunlight at all times across an area large enough to accommodate all outdoor pets at once and is separate and apart from any shade created by adequate shelter.
Vaccinated.
Properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed to practice in the state.
Vicious animal.
Any individual animal or any species who has on two previous occasions without provocation attacked or bitten any person or other animal, or any individual animal which the local health authority has reason to believe has a dangerous disposition, or any species of animal which the local police chief has reason to believe has a dangerous disposition likely to be harmful to humans or other animals.
Wild animal.
Includes all species of animals which commonly exist in a natural unconfined state and are usually not domesticated. This shall apply regardless of state or duration of captivity.
(1995 Code, art. 2.100; Ordinance 942-08-11 adopted 8/8/11; Ordinance 1147-12-17 adopted 12/11/17; 2009 Code, sec. 2.01.001; Ordinance 1268-11-22 adopted 11/28/2022)
It shall be unlawful for any person, organization, association, or corporation to violate any of the provisions of this chapter. Any person, organization, association or corporation violating the provisions of this chapter shall, upon conviction, be fined in accordance with the general penalty provision found in section 1.01.009 of this code, unless otherwise specified in this chapter.
(1995 Code, art. 2.1100; 2009 Code, sec. 2.01.002; Ordinance 1268-11-22 adopted 11/28/2022)
(a) 
Enforcement of this chapter shall be the responsibility of the local health authority or an animal control officer.
(b) 
The police department or animal control officer shall have the authority to issue citations for any violation of this chapter.
(c) 
If the person being cited is not present, the police officer or animal control officer may send the citation to the alleged offender by certified or registered mail.
(d) 
It shall be unlawful for any person to interfere with the local police department or animal control officer in the performance of their duties.
(1995 Code, art. 2.900; 2009 Code, sec. 2.01.003)
(a) 
Required; procedures; fee.
(1) 
No owner shall have within the city any dog or cat four months of age or older unless such dog or cat is currently registered with animal control. A current metal registration certificate issued by animal control or a veterinarian authorized by animal control to issue the certificate 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.
(2) 
Application for initial issuance or renewal of each registration must be made by the owner in writing or in person, and be accompanied by a fee as provided for in the fee schedule found in appendix A of this code, unless the cat or dog being registered has been neutered or spayed and proof of such surgical sterilization can be shown to an animal control officer or a veterinarian authorized to issue such registration, and then the fee will be as provided for in the fee schedule found in appendix A of this code. Dogs and cats under the age of one year shall be registered at the sterilized fee. Animals may be exempted from sterilization [if sterilization would] be harmful or dangerous to the animal.
(3) 
Registration 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 30 days in advance of and sixty (60) days following January 1st and shall constitute a valid registration upon issuance.
(4) 
Registration and/or vaccination certificates (and tags) shall be valid only for the animal for which originally issued.
(5) 
If there is a change in ownership of a registered dog or cat, the new owner shall have the registration transferred to his name. There shall be no charge for said transfer. Application for such transfer shall be made in writing to animal control in writing or in person.
(6) 
Fee-exempt registrations may be issued for the following:
(A) 
City police, state department of criminal justice, and county sheriff’s office dogs.
(B) 
Dogs trained to assist the audio or visually impaired person. Eligibility for fee-exempt registration does not relieve the owner of his responsibility under other provisions of this chapter.
(b) 
Denial or revocation.
(1) 
The animal control officer may refuse to register a cat or dog or revoke a permit issued to any person who has been convicted in any duly authorized court of jurisdiction in the state, or resides with any person so convicted, of the following:
(A) 
Cruelty to animals as defined in the Texas Penal Code, section 42.092 (inhumane treatment or negligence to a nonlivestock animal); and
(B) 
Conviction of four or more separate and distinct violations of an animal control ordinance of a municipality in the state within any twelve-month period.
(2) 
Any person denied such a registration may appeal the refusal to a committee made up of the chief of police or his appointed representative, the city manager or his appointed representative, and the city attorney or his appointed representative. The committee shall uphold or overturn the animal control officer’s refusal to issue a registration certificate.
(1995 Code, art. 2.300(a), (b); 2009 Code, sec. 2.01.004)
Every person having care, control, or custody of any dog which has received guard dog training must register such dog with the animal control officer. Any dog which has received guard dog training may be destroyed when such dog is found running at-large. The owners or keepers of guard dogs shall be subject to the provisions of section 3.01.004. An ID collar identifying the dog as a guard dog must be worn at all times and the dog must wear a muzzle when out of confinement.
(1995 Code, art. 2.300(c); 2009 Code, sec. 2.01.005)
(a) 
It shall be unlawful for any dog or other animal possessed, kept, or harbored, other than a cat, to run at-large, defined in section 3.01.001 of this chapter.
(b) 
The animal control officer is authorized to impound such animals running at-large, other than a cat, and may impound a cat under conditions specified in section 3.04.001 of this chapter, or when he has received a complaint that the cat has caused a nuisance or hazard to the health or welfare of the human or animal population.
(1995 Code, art. 2.400; 2009 Code, sec. 2.01.006)
(a) 
The keeping of any animal in such a manner as to endanger the public health; to annoy neighbors by the accumulation of animal wastes which cause foul and offensive odors, or are considered to be a hazard to any other animal or human being; or by continued presence on the premises of another.
(b) 
All animal pens, stables or enclosures in which any animal may be kept or confined, which, from use, have become offensive to a person of ordinary sensitivities.
(c) 
The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger personal health and welfare.
(d) 
Persistent laxness in supervision of cats so that their running at-large results in disturbance to persons of ordinary sensibilities.
(1995 Code, art. 2.500; Ordinance adopting 2009 Code; 2009 Code, sec. 2.01.007)
(a) 
It shall be unlawful for any person to sell, offer for sale, barter, or give away as toys, premiums or novelties, baby chickens, ducklings, or other fowl under three (3) weeks old, or rabbits under two (2) months old, unless the manner or method of display is first approved by the animal control officer.
(b) 
It shall be unlawful to color, dye, stain, or otherwise change the natural color of any chickens, ducklings, other fowl, or rabbits, or to possess for the purpose of sale, or to be given away, any of the above-mentioned animals which have been so colored.
(c) 
It shall be unlawful to keep any wild animal inside the city.
(d) 
It shall be unlawful to release or allow to run at-large any wild or vicious animal.
(1995 Code, art. 2.600(a)–(d); 2009 Code, sec. 2.01.008)
It shall be unlawful to keep or maintain swine within the corporate limits of the city except at the specific times, locations, and in accordance with the following provisions:
(1) 
During the time period beginning with October 1st of each calendar year, extending to and including March 15th of the next calendar year, of each year, swine may be kept within the city limits and maintained only at the following locations, provided that such locations meet all of the requirements specified below:
(A) 
The home of an FFA member who is under the supervision of a high school vocational agricultural teacher, provided such property meets the specific requirements set out in subsections (3) and (4) below.
(B) 
The home of a 4-H member who is under the supervision of the county agricultural agent, provided the property site meets the requirements set out in subsections (3) and (4) below.
(2) 
Swine may be kept within the city limits and maintained at the following location anytime throughout the year, provided that such location meets all of the requirements in subsections (3) and (4) below.
(A) 
A location at the high school or any location that is under the direct supervision of a high school vocational agricultural teacher or county agricultural agent, and such site has also been previously approved by such high school vocational agricultural teacher and/or county agricultural agent, and additionally meets all requirements in subsections (3) and (4) below.
(3) 
To be qualified under this subsection for the maintenance of swine within the city limits, a property location must be a location specified in subsection (1) above and must additionally meet all of the following requirements:
(A) 
Must contain two or more acres of land upon which the residential premises of the FFA or 4-H member are located and upon which the swine shall be located, for property locations under subsection (1)(A) or (1)(B) above; for property location under subsection (2) above, must contain two or more acres of land owned by one individual or family.
(B) 
Must have pens in place of a size that provides a minimum of 100 square feet per hog, and the pen must be covered with a roof at a minimum of 25 square feet per hog. Such pens must be equipped with self-watering facilities, and be so constructed to provide adequate drainage and protection provided to the outside of the pen.
(C) 
The pens must be located at least 200 feet from the property line of any property not owned by those persons keeping or maintaining the swine.
(4) 
In addition to meeting the above site requirements during the period of swine raising permitted hereunder, the following practices must also be observed:
(A) 
All swine must be grain fed.
(B) 
No hog wallows shall be permitted to be maintained or developed.
(C) 
Open and adjacent areas must be kept clean.
(D) 
A maximum of five (5) hogs is permitted at each property site location.
(E) 
The names, locations, and a record of swine projects will be kept by the FFA advisors and the 4-H county agents for reference and a copy filed with the appropriate city officials.
(F) 
Each individual person desiring to maintain swine in accordance with this section shall, before bringing such swine into the city limits, first obtain written confirmation from either the FFA high school vocational agricultural teacher or the 4-H county agricultural agent, stating the name of the particular person who is under such teacher’s or agent’s supervision and is participating in a swine raising project, as well as the swine location address, and that the property location has been personally inspected by the teacher or agent to ensure compliance with the requirements of this section. Such individual participant shall then submit such written confirmation to the city as a prerequisite to bringing swine into the city.
(1995 Code, art. 2.600(e); Ordinance 1091-05-16 adopted 5/9/16; 2009 Code, sec. 2.01.009)
All horses or cattle kept within the city limits must be provided with a ground space of sixteen hundred (1,600) square feet for each animal so kept, if such animal is kept on said premises for more than seven (7) successive days.
(1995 Code, sec. 6.404; 2009 Code, sec. 2.01.010)
From April 15 to November 15 of each year, stable manure must be removed from lots and stables as often as necessary to prevent the breeding of flies, and in any event not less than twice each week, and placed in a covered, watertight, well-screened receptacle, or scattered over the ground as fertilizer in such manner as not to breed flies, maggots, or other pests, and in such manner as not to be become offensive to inhabitants of adjoining property; and, from November 15 of each year until April 15 of the succeeding year, said stable manure must be removed and handled in like manner as often as necessary, and in any event not less than once every two (2) weeks.
(1995 Code, sec. 6.402; 2009 Code, sec. 2.01.011)
(a) 
No more than six hens and/or two other fowl and/or two rabbits may be kept at a residence.
(b) 
All hens, other fowl, and rabbits kept at a residence shall have a pen, coop or hutch constructed and available to such hens, other fowl and rabbits. All hens, other fowl, and rabbits must remain on owner’s property behind a fence, on a leash, or on a tether.
(c) 
The pen, coop, or hutch shall be at least 20 feet from neighboring residences and at least ten feet from the owner’s residence.
(d) 
No more than six hens and/or two fowl and/or two rabbits may be kept at qualified zone property as defined herein unless the property operates as and qualifies as a commercial animal enterprise.
(e) 
The keeping of roosters at a residence or qualified zone property, including a commercial animal enterprise, is prohibited.
(1995 Code, art. 2.1000; 2009 Code, sec. 2.01.012; Ordinance 1190-02-19 adopted 2/25/19)
The carcass of any animal dead of disease or not slaughtered for food shall be removed and/or disposed of by the owner, if known, and, if not, by the owner of the premises where such animal is found, at his own expense, within twenty-four (24) hours after such death, according to such method as may be approved by the city health officer.
(1995 Code, sec. 6.405; 2009 Code, sec. 2.01.013)
(a) 
General restrictions.
No animal shall be hitched, tied, fastened or otherwise restrained by any rope, chain or cord that is directly attached to the animal's neck or other body part; rather, such restraint must utilize a properly fitted collar or harness made of leather or nylon to attach to the animal. Choker collars are strictly prohibited. This chapter does not prohibit a person from walking a dog with a handheld leash, provided that it utilizes a properly fitted collar or harness to attach to the animal.
(1) 
An owner may not leave a dog outside unless the owner provides the dog access to:
(A) 
Adequate shelter;
(B) 
An area that allows the dog to avoid standing water and exposure to excessive animal waste;
(C) 
Access to adequate natural or artificial shade from direct sunlight at all times that is large enough to contain all outdoor pets at one time and is separate from any shade created from the designated shelter; and
(D) 
Potable water, which must be available at all times.
(2) 
An owner may not restrain a dog outside and unattended by use of a restraint that:
(A) 
Is a chain;
(B) 
Has weight(s) attached;
(C) 
Is shorter in length than the greater of, or attached to a trolley system that allows a dog to move along a running line for a distance equal to or greater than:
(i) 
Five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or
(ii) 
Ten feet; or
(D) 
Is attached to a collar or harness that is not properly fitted.
(3) 
Exceptions.
The requirements of subsections (a)(1) and (a)(2) of this section shall not apply to the following:
(A) 
The use of a restraint on a dog:
(i) 
While in a public camping or recreational area in compliance with the requirements of the public camping or recreational area as defined by a federal, state or local authority or jurisdiction;
(ii) 
While the owner and dog engage in, or actively train for, an activity conducted under a valid license issued by this state provided the activity is associated with the use or presence of a dog;
(iii) 
While the owner and dog engage in conduct directly related to:
a. 
The business of shepherding or herding cattle or livestock;
b. 
The business of cultivating agricultural products; or
c. 
Participating in, or actively training for, hunting or field trialing;
(B) 
A dog left unattended in an open-air truck bed only for the time reasonably necessary for the owner to complete a temporary task that requires the dog to be left unattended in the truck bed; and
(C) 
A dog taken by the owner, or another person with the owner's permission, from the owner's residence or property and restrained by the owner or the person for not longer than the time necessary for the owner to engage in an activity that requires the dog to be temporarily restrained.
(b) 
Width of dog collars.
No person shall chain their dog using a collar exceeding one and one-half (1-1/2) inches wide for any dog weighing less than sixty (60) pounds. Dogs weighing sixty (60) pounds or more shall not be tethered using a collar exceeding two (2) inches in width.
(c) 
Access to shelter.
An animal that is tethered must have access to adequate shelter at all times.
(d) 
Weight of chain or tether.
A person shall not chain or tether a dog with a chain or tether that weighs more than one-eighth (1/8) of the dog's body weight.
(e) 
Female dogs in estrus.
No person shall tether their female dog while the dog is in estrus.
(f) 
Extreme weather conditions.
Leaving a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement in the case of extreme weather conditions, including conditions in which the actual or effective outdoor temperature is below thirty-two (32) degrees Fahrenheit, a heat advisory has been issued by a local or state authority or jurisdiction, or a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service, is a state law violation punishable by fine and/or jail time in accordance with the Texas Health and Safety Code.
(g) 
Violations; penalty.
(1) 
A person commits an offense if the person knowingly violates this section.
(2) 
A peace officer or animal control officer who has probable cause to believe that an owner is violating this section shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.
(3) 
A person commits an offense if the person is provided a statement described by subsection (2) above and fails to comply with this section within 24 hours of the time the owner is provided the statement.
(4) 
An offense under this section is a class C misdemeanor, except that the offense is a class B misdemeanor if the person has previously been convicted of, or completed deferred adjudication for, an offense under this section.
(5) 
If a person fails to comply with this section with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense.
(6) 
If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
(Ordinance 942-08-11 adopted 8/8/11; 2009 Code, sec. 2.01.014; Ordinance 1268-11-22 adopted 11/28/2022)