The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A spayed or neutered dog or cat.
A current and valid license issued under this chapter for
a dog or cat that has been spayed or neutered.
The primary individual or his/her assistants or designees
employed by the city to enforce this chapter.
A domesticated member of the feline family.
A rabies vaccination that was administered in compliance
with the requirements of chapter 826 of the Texas Health and Safety
Code and title 25 Texas Register, chapter 169 (and as these statutes
may from time to time be amended), and that has not expired under
the terms thereof.
The facility operated by the city for the impounding of dogs,
cats, and other animals.
A domesticated member of the family Canidae, but shall not
include a wolf, coyote, jackal, fox, hybrid offspring, or other wild
animal of this family.
Any species of prohibited animal listed under section 2.06.001 normally found in a zoo and not native to the area.
Any animal normally raised or cared for on a farm or ranch,
including but not limited to horses, goats, cows, sheep, donkeys,
mules, ducks, peacocks, guineas, pheasants, geese, chickens, and turkeys.
A portion of a city lot or parcel of land not occupied by a house, garage, or other building, except that the stable provided for in section 2.05.002 shall not be considered a building for the purpose of ascertaining the size of a lot.
Local rabies control authority.
Surgery performed on male animals in which the testicles
are removed and the animal can no longer impregnate female animals.
The person or the legal guardian of the person who feeds,
harbors, or keeps the subject animal for more than 72 hours. Persons
caring for an animal at the specific request of an owner are not included
in the definition of owner, but are required to keep the animal in
compliance with this chapter.
A business establishment where two or more species of animals,
including dogs, cats, fish, birds, reptiles, or rodents, are kept
for sale or commercial barter.
A variety of swine that is no more than eighteen inches (18")
in height at shoulder level when full grown, (having) short erect
ears, and a straight tail. Swine shall not be considered a pot-bellied
pig if its weight exceeds sixty (60) pounds, or unless registered
with a licensed breeder.
Being free of direct physical restraint while outside the
boundaries of the real property of the owner. The term includes any
confinement of any animal whatsoever in any manner within the city
limits in such manner as to allow such animal to go or get upon the
public streets or sidewalks.
Surgery performed on female animals in which the ovaries
and uterus are removed, preventing an animal from having estrus (heat)
cycles and eliminating the ability to become pregnant.
A dog or cat that has not been spayed or neutered.
A current and valid license issued under this chapter for
a dog or cat that has not been spayed or neutered.
Any person who is duly licensed to practice as a doctor of
veterinary medicine by the licensing authority of any one or more
of the 50 United States or the District of Columbia, provided that
such person is acting within the course and scope of his/her license
and practicing in a state or district in which such license is recognized
for the practice of veterinary medicine.
Any animal that, without provocation, exhibits an aggressive
behavior or poses a threat to the life, safety, or health of any other
animal or human upon the streets, sidewalks, or public or private
grounds or places;
Any animal with known propensity, tendency, or disposition to
attack unprovoked, to cause injury, or to otherwise endanger the safety
of human beings or domestic animals;
Any animal which by species or nature is vicious or dangerous
to man;
Any animal that has killed a person or another pet or farm animal;
or
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting.
Any species of prohibited animal listed under section 2.06.001 and any other animal not normally considered domesticated that is indigenous to the area and normally inhabits the wild.
(1996 Code, sec. 6-1(b); Ordinance
adopting Code; Ordinance
2118 adopted 7/25/2022)
Unless otherwise provided in state law or in this chapter, any person who shall violate any of the provisions of this chapter or who shall fail to comply with the provisions of this chapter or with any of the requirements of this chapter shall be subject to a fine as provided in section 1.01.009.
(1996 Code, sec. 6-2)
The responsibility for the control of rabies within the city
shall rest with the animal services officer, and the animal services
officer is duly designated as the local health authority for the purpose
of the Rabies Control Act of 1981 (V.T.C.A., Health and Safety Code,
chapter 826).
(1996 Code, sec. 6-1(a))
The animal services officer and other authorized employees of
the city shall have all of the powers and authority of police officers
to the extent only, and no further, of enforcing this chapter and
other ordinances of the city relating to animals.
(1996 Code, sec. 6-12)
All duly appointed and qualified peace officers and the animal
services officer are authorized to issue written citations to persons
violating this chapter or any other ordinance governing the regulation
of animals.
(1996 Code, sec. 6-13)
(a)
It
shall be unlawful for any person to interfere with the city animal
services officer while the officer is performing a duty or exercising
authority imposed or granted by law. It shall be unlawful for the
owner or person in control of any dog or other animal to refuse any
animal services officer’s lawful request to see and examine
any such animal or to conceal such animal or otherwise interfere with
its lawful examination by an animal services officer, when such agent
advises the owner or person in control of such animal that he wants
to make such lawful examination in connection with the licensing requirements
contained in this chapter or in connection with an investigation of
a bite case or a cruelty to animal case. It shall be unlawful for
any person to interfere with or injure an animal which is under the
lawful control of the city animal services officer.
(b)
It
shall be unlawful for any owner or agent of a commercial retail business
which sells pets to refuse to allow the city animal services officer
to conduct a lawful search of the premises of such business for the
purpose of ensuring compliance with this chapter.
(1996 Code, sec. 6-6)
No person shall remove, alter, damage, or otherwise tamper with
the department of animal services traps or equipment set out to capture
animals.
(1996 Code, sec. 6-14)
(a)
When
from any cause it may happen that any animal within the corporate
limits of the city shall be so wounded, maimed, injured, or diseased
as to render its recovery hopeless, then it shall be the duty of the
animal services officer to cause it to be destroyed. Such destruction
shall take place as soon after such injury or discovery as practicable,
and shall be conducted in such manner as the animal services officer
shall determine to be the least painful. Upon destruction, the animal
services officer shall direct or cause the carcass thereof to be lawfully
removed and disposed of. When the animal services officer shall cause
any animal to be destroyed under this section, it shall be his/her
duty to file a report in writing of such destruction with the chief
of police. Such report shall show:
(1)
A description of the animal destroyed and the name of the owner thereof
if known.
(2)
The injury which made destruction necessary and how same was inflicted,
and by whom if known.
(3)
The names of at least two reliable witnesses who are conversant with
the facts of the injury and the destruction.
(1996 Code, sec. 6-8)
An owner or another person having the right of possession of
an animal shall ensure that such animal does not run at large in violation
of this chapter and shall be subject to punishment under this chapter
without regard to whether he/she was acting with a culpable mental
state.
(1996 Code, sec. 6-3)
The running at large of domestic animals, domestic fowl, or
any other animal within the city limits is hereby declared to be a
nuisance, and it shall be unlawful for the owner or keeper of any
such animal or fowl to permit the same to run at large within the
city.
(1996 Code, sec. 6-4)
Every owner, caretaker, or user of any animal within the city
limits shall be required to observe the following rules, regulations,
terms, and conditions in connection with the care, keeping, and using
of such animals; any person violating any provisions hereof shall
be deemed guilty of an offense:
(1)
All
enclosures in which such animal is kept and the ground upon which
same are situated shall be kept and maintained in a clean and sanitary
condition, and all fences surrounding such lot where the animal is
kept and the feed troughs and water troughs with which such animals
are fed and watered shall be free from any projection or thing whereon
or whereby such animal may be injured.
(2)
All
animals shall be fed with a quantity of good wholesome food sufficient
to keep them in a good, well-nourished condition, and such food shall
be served to such animals in a clean, sanitary manner.
(3)
All
animals shall be provided access to shelter with a minimum of two
sides and a roof.
(1996 Code, sec. 6-7)
It shall be unlawful for any person to stake, chain, tie, or
hobble any animal whatsoever as a normal day-to-day method of restraint.
If an animal is restrained in any of the above-described ways or a
combination of the above-described ways for more than three days,
it shall be deemed to be a normal day-to-day method of restraint and
therefore becomes unlawful.
(1996 Code, sec. 6-9)
It shall be unlawful for any dog, cat, or animal to defecate
or deposit fecal matter on or upon private property (other than the
owner’s), or on public walks, streets, or recreation areas,
unless such waste is immediately removed and properly disposed of
by the owner or caretaker of the animal.
(1996 Code, sec. 6-33)
