(A)
No residential
lot shall be used for the purpose of raising swine, goats, sheep,
fowl (except a resident may keep six hen chickens (no roosters) as
long as they are kept either caged or inside of a 5 foot high fence),
or other animals for commercial or personal purposes, or as a place
for keeping horses, mules (except as allowed by sec. 92.05(B)), cattle,
or other animals.
(B)
The
occupants of each residence may keep the usual customary domestic
animals as “pets”, but no commercial cat or dog kennel
shall be permitted. Keeping more than five dogs and/or cats and/or
rabbits shall be considered a commercial endeavor. The occupants of
each residence may not keep more than a combined total of five (5)
domestic animals of any species as "pets."
(Ordinance 2011-27(f) adopted 11/12/15; Ordinance
2022-3 adopted 8/18/2022)
All pets shall be fenced in with approved fencing that will
contain the animal. Pets under 12 inches shall have a fence at least
four feet in height and all pets over 12 inches shall have a fence
of at least five feet in height. In the ground electric fences will
also be allowed to control pets. Any dog not in a fenced area must
be on a leash. Liability for pets and livestock is the responsibility
of the animal’s owner.
(Ordinance 2011-27(f) adopted 11/12/15)
All dogs and cats four months of age and older must be vaccinated
annually for rabies with an anti-rabies vaccine approved by the state’s
Department of Health and administered by the veterinarian licensed
by the state per Tex. Administrative Code, Title 25, Part 1, Ch. 169,
Subchapter A, Rule 169.29:
(A)
A metal
certificate of vaccination with the year of vaccination, a certificate
number, and the name, address, and phone number of the vaccinating
veterinarian must be securely attached to a collar or harness that
must be worn by the dog or cat at all times; and
(B)
In addition
to the metal certificate (rabies tag), the official rabies vaccination
certificate issued by the vaccinating veterinarian shall be maintained
by the owner of the dog or cat, containing the information designated
by the state’s Department of Health including, but not limited
to, the owner’s name, address, and telephone number, identification
of the animal species, sex, age, size (pounds), predominant breed
and colors, vaccine used (producer, expiration date, and serial number),
date vaccinated, rabies tag number, and the veterinarian’s signature
and license number.
(Ordinance 2011-27(f) adopted 11/12/15)
(A)
A DANGEROUS
ANIMAL is defined as making an unprovoked attack on a person or acts
like it is going to when it is out of the enclosure in which the dog
was being kept and that was reasonably certain to prevent the dog
from leaving the enclosure on its own. Tex. Health and Safety Code,
Ch. 822-041, Subchapter D states that the owner of a dangerous dog
must register the dog with the Animal Control office, or the Sheriff’s
office in areas without an Animal Control office, and restrain the
dog at all times on a leash when outside its secure enclosure. The
owner must also purchase a $100,000 liability insurance policy specific
for the dog to cover the cost of potential damage to a person. This
law became effective in 1991.
(B)
No person
shall keep, harbor, own, or knowingly allow to be in or upon the person’s
premises, or release in the lakes or within the city limits, any dangerous
exotic animal including any lion, tiger, leopard, bobcat, bear, wolf,
coyote, fox, or any deadly dangerous or venomous reptile or any other
exotic animal considered to be dangerous.
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Penalty, see sec. 92.99
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(Ordinance 2011-27(f) adopted 11/12/15)
Authority of city to prohibit or otherwise regulate the keeping
of livestock and swine, Tex. Local Government Code, sec. 215.026(b).
(A)
It shall
be unlawful for a person to keep swine or cattle within the city.
(B)
The
possession, harboring, or keeping of horses, mules, or goats in the
city, District I, is permitted on tracts or parcels of land of one
acre or more in size per animal; provided that no owner shall possess,
harbor, or keep more than a total of four horses, mules, or goats
contained within appropriate fencing.
(C)
Any
enclosure, pasture, pen, corral, or other restrictive area for horses,
mules, or goats shall be of sufficient strength and construction so
as to keep such animals confined. All gates must be of sufficient
strength and construction so as to keep animals confined.
(D)
Exemption for educational purposes: Future Farmers of America (FFA)
and/or 4-H Club programs in which the class participants are required
or allowed to raise project animals for education, show or profit
purposes as long as said children have a valid permit issued by the
city and is in effect at the time.
1.
Permit: In order to qualify for the above exemption, the students
are required to:
a.
Apply for an annual FFA/4-H project permit. Said application shall
be signed by the student, the student's parent or guardian, and
the student's FFA/4-H educational coordinator/instructor.
b.
Provide enclosure/pens that are designed and maintained according
to FFA/4-H guidelines associated with said project. Location of enclosure/pens
must adhere to ordinances regarding setbacks.
c.
Provide proof of enrollment in one of the listed school programs.
d.
Provide proof that the animals being kept are an integral part of
the student's participation in one of the listed school programs.
2.
If a complaint is received, the code enforcement official will contact
the student's FFA/4-H representative to inspect the project.
3.
A permit issued under this section shall be valid only upon the premises
and animal identified on the permit and is nontransferable to any
other location or person.
4.
A permit issued under this section shall expire no later than 12
months from the date of issuance, no later than the day the qualifying
person ceases to be an active member in good standing with the listed
school program or no later than the day said permit is revoked, whichever
should occur first.
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Penalty, see sec. 92.99
|
(Ordinance 2011-27(f) adopted 11/12/15; Ordinance
2023-5 adopted 3/16/2023)
The owner or person in possession of animals shall keep yards,
pens, and enclosures in which such animals are confined in such a
manner so as not to give off odors offensive to persons of ordinary
sensibilities residing in the vicinity, or to breed or attract flies,
mosquitoes, or other noxious insects, or in any manner as to endanger
the public health or safety, or create a public nuisance.
Penalty, see sec. 92.99
(Ordinance 2011-27(f) adopted 11/12/15)
The following are established as guidelines for animal care
and are not intended to contravene the provisions for animal cruelty
contained in the state’s Penal Code.
(A)
Provisions
for food, shelter, and care, generally.
No owner shall
fail to provide any animal with sufficient, good, and wholesome food
and water, proper shelter, and protection from the weather, veterinary
care when needed to prevent suffering, and with humane care and treatment.
(B)
Abuse
of animals and animal fighting.
No person shall beat,
cruelly ill-treat, torment, overload, overwork, or otherwise abuse
an animal, or cause, instigate, or permit any dog fighting, cockfighting,
bullfighting, or other combat between animals or between animals and
humans.
(C)
Abandonment.
Texas law defines abandonment (“dumping”) as the
act of abandoning an animal in the person’s custody without
making reasonable arrangements for assumption of custody by another
person. No person shall abandon any animal within the city limits.
Any animal left without proper food, water, or shelter shall be considered
abandoned. Animal Control shall impound any abandoned animal.
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Penalty, see sec. 92.99
|
(Ordinance 2011-27(f) adopted 11/12/15)
(A)
Area of control.
Handler or rider.
Police service animal.
Definitions.
In this section:
Includes a vehicle, trailer, kennel, pen, or yard.
A peace officer, corrections officer, or jailer who is specially
trained to use a police service animal for law enforcement, corrections,
prison or jail security, or investigative purposes.
A dog, horse, or other domesticated animal that is specially
trained for use by a handler or rider.
(B)
A person
commits an offense if the person recklessly:
1.
Taunts,
torments, or strikes a police service animal;
2.
Throws
an object or substance at a police service animal;
4.
Releases
a police service animal from its area of control;
5.
Enters
the area of control of a police service animal without the effective
consent of the handler or rider, including placing food or any other
object or substance into that area;
6.
Injures
or kills a police service animal; or
7.
Engages
in conduct likely to injure or kill a police service animal, including
administering or setting a poison, trap, or any other object or substance.
(C)
An offense
under this section is:
1.
A class
C misdemeanor if the person commits an offense under subsection (B)(1);
2.
A class
B misdemeanor if the person commits an offense under subsection (B)(2);
3.
A class
A misdemeanor if the person commits an offense under subsection (B)(3),
(4), or (5);
4.
Except
as provided by subdivision (5), a state jail felony if the person
commits an offense under subsection (B)(6) or (7) by injuring a police
service animal or by engaging in conduct likely to injure the animal;
or
5.
A felony
of the second degree if the person commits an offense under subsection
(B)(6) or (7) by:
(A)
Killing a police service animal or engaging in conduct likely to
kill the animal;
(B)
Injuring a police service animal in a manner that materially and
permanently affects the ability of the animal to perform as a police
service animal; or
(C)
Engaging in conduct likely to injure a police service animal in a
manner that would materially and permanently affect the ability of
the animal to perform as a police service animal.
(Ordinance 2021-4 adopted 12/8/20)
(A)
It is
unlawful for an owner or keeper of animals being kept on their property
to allow an animal to create a noise disturbance while the animal
is outside of the dwelling in such a manner as to excessively annoy,
distress or disturb neighbors within a one hundred (100) yard range.
(B)
For
the purpose of this chapter, an animal noise nuisance shall be defined
as:
1.
A minimum
of four (4) separate recorded noise events over a period of seven
(7) days;
2.
Where
the animal can be heard continuously for fifteen (15) minute periods
of time while outside of a dwelling; and
3.
Can
be heard by the complainant while they are inside their house or on
their own property.
(C)
Complainant
must obtain the animal noise nuisance form from the city and record
required information on the incident log to document the following
information:
1.
Date
of noise disturbance;
2.
Start
and end times of noise disturbance;
3.
Address
of complainant;
4.
Address
from which the noise disturbance originates;
5.
Description
of incident;
6.
Name,
address and phone number of neighbor verifying two (2) incidents;
7.
In lieu
of providing neighbor verification of incidents, complainant may produce
and play an audio or audio/video recording of two (2) of the noise
disturbance events.
(Ordinance 2021-7 adopted 5/20/21)
Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to sec. 10.99 of this code of ordinances.
(Ordinance 2011-27(f) adopted 11/12/15)
