It shall be unlawful for any person to own, possess, exhibit
or harbor without a permit, within the city limits, any wild or exotic
wild animal not normally considered domesticated or any hybrid offspring,
including but not limited to the following:
(1) Class
Reptilia: Family Helodermatidae (venomous lizards); Family Viperidae
(rattlesnakes, pit vipers and true vipers); Family Elapidae (coral
snakes, cobras and mambas); Family Colubridae - Dispholidus typus
(boomslang), Cyclagras gigas (water cobras) and Boiga dendrophilia
(mangrove snakes) only; Order Phidia (racers, boas, water snakes and
pythons); Order Crocodilia (crocodiles, alligators, caimans and gavial).
(2) Class
Aves: Order Falconiformes (hawks, eagles and vultures) and Subdivision
Ratitae (ostriches, rheas, cassowaries and emus).
(3) Class
Mammalia: Order Carnivora, Family Felidae (ocelots, margays, tigers,
jaguars, leopards and cougars), except commonly accepted domesticated
cats; Family Canidae (wolves, dingoes, coyotes and jackals), except
domesticated dogs; Family Mustelidae (weasels, ferrets, martins, mink
and badgers); Family Procyonidae (raccoons); Family Ursidae (bears);
Order Marsupialia (kangaroos and common opossums); Order Edentata
(sloths, anteaters and armadillos); Order Proboscidea (elephants);
Order Primata (monkeys, chimpanzees and gorillas); Order Rodentia
(porcupines); and Order Ungulata (antelope, deer, bison and camels).
(1996 Code, sec. 6-146)
Animals may be exempted from section
2.06.001 if the owner or keeper holds a valid prohibited animal permit issued under division 2 of this article or the owner or keeper is a governmental entity.
(1996 Code, sec. 6-147)
Dangerous wild animals, as defined in V.T.C.A., Health and Safety
Code, section 822.101, shall be regulated in accordance with the provisions
of V.T.C.A, Health and Safety Code, chapter 822, subchapter E, section
822.101 et seq.
(Ordinance adopting Code)
Commercial prohibited animal permits, temporary prohibited animal permits, noncommercial prohibited animal permits and special use prohibited animal permits for any of the prohibited animals in section
2.06.001 may only be issued to the following which fully comply with the specifications of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pertaining to the handling, care, treatment, and transportation of warm-blooded animals found at 9 CFR 3.125–3.142 (1985):
(1) A
zoo open to the public;
(3) A
nonprofit animal rehabilitation organization permitted by the state
parks and wildlife department; or
(4) An
animal exhibition, rodeo or circus, of which the animal is an integral
part, if the animal is restrained from inflicting injury upon persons,
property, or other animals, and adequate provision is made for the
care and protection of the animal.
(1996 Code, sec. 6-172)
(a) An
individual requesting a temporary medical prohibited animal permit
for an animal not listed as a “dangerous wild animal”
in section 822.101 of the Texas Health and Safety Code (or its predecessor)
must make application for the permit with the animal services officer.
The application must include:
(1) Proof that the individual has liability insurance in an amount of
not less than $100,000.00 for each occurrence for liability for damages
for destruction of or damage to property and death or bodily injury
to a person caused by the animal;
(2) A color photograph of the animal taken not earlier than the 30th
day before the date the application is filed;
(3) A statement signed by a veterinarian licensed to practice in the
state stating that the veterinarian has found the animal to be in
good health and that the animal has received all the vaccinations
recommended by the veterinarian; and
(4) A request of the individual’s treating physician, psychiatrist
or psychologist that the individual be granted a temporary medical
prohibited animal permit. The treating physician, psychiatrist or
psychologist must explain in the request why possession of a wild
or exotic wild animal is in the best interest of the physical or emotional
well-being of the individual and why an animal not considered a wild
or exotic animal would not suffice for the individual’s treatment.
(b) An
individual requesting a temporary medical prohibited animal permit
for an animal listed as a “dangerous wild animal” in section
822.101 of the Texas Health and Safety Code (or its predecessor) must
make application for the permit with the animal services officer.
The application must include:
(1) A certificate of registration for the animal as required by subchapter
E of chapter 822 of the Texas Health and Safety Code (or its predecessor);
(2) A statement signed by a veterinarian licensed to practice in the
state stating that the veterinarian has found the animal to be in
good health and that the animal has received all the vaccinations
recommended by the veterinarian;
(3) A request of the individual’s treating physician, psychiatrist,
or psychologist that the individual be granted a temporary medical
prohibited animal permit. The treating physician, psychiatrist or
psychologist must explain in the request why possession of a wild
or exotic wild animal is in the best interest of the physical or emotional
well-being of the individual and why an animal not considered a wild
or exotic wild animal would not suffice for the individual’s
treatment.
(c) An
individual may apply for a subsequent temporary medical prohibited
animal permit by repeating the application process set forth above.
(d) If
the chief of police denies an individual’s application for a
temporary medical prohibited animal permit, the individual may appeal
the denial of the application to the city council by making a written
request to the city manager for an appeal of the denial of the application.
If an appeal is made, the chief of police will supply the city council
with copies of the application and supporting documents. The city
council may either approve the denial of the application for a temporary
medical prohibited animal permit or grant the temporary medical prohibited
animal permit.
(1996 Code, sec. 6-172.1)
A person holding a wild or exotic wild animal permit shall notify
the animal services officer in writing of any change in the permitted
location for the animal. This requirement does not apply to the transporting
of the animal in or out of the city or to or from a veterinary clinic.
(1996 Code, sec. 6-174)
The animal services officer shall revoke a permit to own, possess, exhibit, or harbor an animal prohibited by section
2.06.001 within the city if the permit holder fails to properly restrain his animal, fails to adequately care for or protect his animal, or fails to meet all requirements specified on the prohibited animal permit required under this division.
(1996 Code, sec. 6-175)
An owner of an animal prohibited by section
2.06.001, at all reasonable times, shall allow the animal services officer to enter the premises where the animal is kept and to inspect the animal and the primary enclosure for the animal.
(1996 Code, sec. 6-176)
The animal services officer, the chief of police and the city council shall have complete discretion in granting or denying a permit to own, possess or harbor an animal prohibited by section
2.06.001 within the city. In their discretion, the chief of police, or, in the case of an appeal, the city council, shall set the length of time for which a temporary medical prohibited animal permit will be valid.
(1996 Code, sec. 6-177)