The following definitions shall apply in the interpretation
and enforcement of this article:
The person or persons designated by the mayor to act for
the city in the impoundment of animals, controlling of animals running
at large, and otherwise as provided in this article.
Not under the control of the owner, or other persons authorized
by the owner to care for the animal, by leash, chain, cord, or other
suitable material attached to a collar or harness, or not restrained
securely within an enclosure or fence.
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 ten (10) days or more.
An individual, firm, corporation, partnership, or association.
An injection of United States Department of Agriculture approved
rabies vaccine.
Any individual animal of any species that:
Has bitten or attacked any person without provocation, causing
injury to the victim;
Has on two (2) previous occasions, without provocation, killed
or seriously injured another animal; or
Gives reason to believe it has a dangerous disposition and is
likely to be injurious and harmful to humans and other animals.
Any individual animal of a species which commonly exists
in a natural unconfined state and is usually not domesticated, regardless
of the state or duration of captivity of the individual animal.
(Ordinance 990202A, sec. 1.01, adopted 2/2/1999)
(a)
It
shall be unlawful and a misdemeanor for any person to do any act forbidden
or fail to do any act required herein. It shall not be necessary to
allege or prove specific mental intent in order to prosecute such
misdemeanor. Any person who shall violate any of the provisions of
this article, or fail to comply therewith or with any of the provisions
thereof, shall be guilty of a class C misdemeanor, and upon conviction
shall be fined a sum not to exceed two thousand dollars ($2,000.00).
(b)
Any
person who has been previously found guilty of violating this article
and is subsequently found guilty of violating this article shall be
found guilty of a class C misdemeanor, second offense, and upon conviction
shall be fined in an amount not less than three hundred dollars ($300.00)
nor in a sum more than two thousand dollars ($2,000.00).
(c)
Any
person found guilty and convicted under this article for a third offense
shall be found guilty of a class C misdemeanor and be fined in an
amount not less than five hundred dollars ($500.00) and not more than
two thousand dollars ($2000.00).
(Ordinance 990202A, sec. 10.01,
adopted 2/2/1999; Ordinance
010306 adopted 3/6/2001)
The mayor and/or city council shall designate employees to carry
out the provisions of this article. These employees shall be known
as the animal control authority, and shall have the right to enter
upon any premises within the city, at any reasonable time, for the
purpose of any inspection necessary to ensure that the provisions
of this article are being complied with.
(Ordinance 990202A, sec. 9.01, adopted 2/2/1999)
If the animal control authority knows or reasonably believes
a violation of this article may exist, animals and premises whereon
animals are kept or maintained shall be subject to inspection by the
animal control authority, at any reasonable hour, or at any hour in
cases of emergency.
(Ordinance 990202A, sec. 8.01, adopted 2/2/1999)
It shall be unlawful for any person to remove, alter, damage
or otherwise tamper with a trap or equipment set out by the animal
control authority.
(Ordinance 990202A, sec. 3.06, adopted 2/2/1999)
It shall be unlawful for any person to willfully interfere with,
molest, or injure an agent of the city authorized to enforce the provisions
of this article or seek to release any animal properly in the custody
of such authorized agent.
(Ordinance 990202A, sec. 3.07, adopted 2/2/1999)
When acting in the course and scope of their employment, the
animal control authority shall be and are hereby authorized to carry
on their persons or in the city vehicles tranquilizer guns not in
violation of any provision of the Texas Penal Code or any other applicable
state law.
(Ordinance 990202A, sec. 3.08, adopted 2/2/1999)
(a)
Owners
of animals shall provide adequate food for such animals at suitable
intervals of not more than twenty-four (24) hours if the dietary requirements
of the species so require, and shall provide a quantity of wholesome
foodstuff suitable for the physical condition and age of the animal,
served in a clean receptacle or container, sufficient to maintain
an adequate level of nutrition for such animal.
(b)
If
kept outdoors, animals shall be provided with adequate outdoor shelter,
which shall mean a structurally sound and weatherproof shelter which
provides access to shade from direct sunlight and regress from extremes
of temperature, thereby providing for its health and comfort.
(c)
If
indoors, animals shall be provided with adequate indoor shelter, which
shall mean a properly ventilated and illuminated facility, sufficiently
regulated by heating and cooling to protect the animal from extremes
of temperature, thereby providing for its health and comfort.
(d)
Animals
shall be kept in areas which maintain adequate sanitation, which shall
mean periodic cleaning and sanitizing of primary enclosures and housing
facilities, and removal of excreta and other waste materials and dirt,
so as to minimize health hazards, flies or odors.
(e)
Animals
shall be provided with adequate space, which shall mean primary enclosures
and housing facilities shall be constructed and maintained so as to
provide sufficient space to allow each animal to make normal postural
and social adjustments with adequate freedom of movement to maintain
physical condition. Inadequate space may be indicated by evidence
of malnutrition, poor condition, debility, stress or abnormal behavior
patterns.
(f)
Owners
of animals shall provide adequate veterinary care for their animals.
A sick, diseased, or injured animal shall be provided with a proper
program of care by a veterinarian, or humanely euthanized.
(g)
Animals
shall be provided with an adequate supply of clean, fresh, potable
water provided in a sanitary manner. If potable water is not accessible
to the animal at all times, it shall be provided daily for such duration
and of sufficient quantity as necessary for the animal’s health
and comfort.
(Ordinance 990202A, sec. 2.01, adopted 2/2/1999)
It shall be unlawful for any person owning or harboring a dog
to permit such animal to run at large. No dog shall be permitted to
be upon any public street, alley, or in any place or upon the realty
or public premises of another person within the city, unless such
dog is at such time and in such place under the control of such owner
by means of a leash or metal chain of sufficient strength and length
to control the actions of such dog. At all other times, such dog shall
be confined to the realty or premises of the owner of such dog by
a substantial fence of sufficient strength to prevent said dog from
escaping from such premises. The finding or presence of any such dog
in any public street, alley or road, or any such public place, or
upon the realty or premises of another person within the city shall
be prima facie evidence that such owner of the dog permitted the same
to be in or upon such place or location at such time.
(Ordinance 990202A, sec. 3.01, adopted 2/2/1999)
It shall be unlawful for any owner of any cat to permit such
cat to be at large unless a valid rabies vaccination tag is attached
to its collar or harness.
(Ordinance 990202A, sec. 3.02, adopted 2/2/1999)
Any unspayed female dog or cat in the state of estrus shall
be confined during such period of time in an anti-escape house, building
or enclosure and said area or enclosure shall be so constructed that
no other dog or cat may gain access to the confined animal. Owners
who do not comply shall be ordered by the animal control authority
to remove the animal in estrus to a veterinary hospital or animal
shelter. All expenses incurred as a result of the animal’s confinement
shall be paid by the owner. Failure to comply with the removal order
of the animal control authority shall be a violation of this section,
and the dog or cat shall be impounded.
(Ordinance 990202A, sec. 3.03, adopted 2/2/1999)
It shall be unlawful for any person to keep or harbor any animal
which molests passersby or passing vehicles, attacks other animals
or human beings, trespasses on school grounds, roams at large, causes
any damage, erosion, or defilement to public or private property,
or barks, whines, meows, howls, crows, or makes other annoying noises
in an excessive, continuous, or unreasonable fashion, or at unreasonable
hours, in such a manner as to deny the lawful use of adjacent property
or endanger personal health and welfare, and such animals are hereby
declared to be public nuisances.
(Ordinance 990202A, sec. 3.05, adopted 2/2/1999)
(a)
Any
nuisance animal, any animal infected or kept under conditions which
could endanger public health, or any animal subject to impoundment
under any provision of state law may be taken by any animal control
authority, law enforcement officer, or other designated employee of
the city and impounded in an animal shelter and there confined in
a humane manner. For purposes of discharging the duties imposed by
provisions of this section or other applicable laws, and to enforce
the same, duly authorized representatives or employees shall have
the right of ingress and egress on private property to the full extent
permitted by law, which shall include, but not be limited to, entry
upon private unfenced property when in pursuit of any animal which
he/she has reason to believe is subject to impoundment, pursuant to
the provisions of this section or other applicable laws.
(b)
In
the event ownership of a captured animal is determined, said animal
control authority shall issue a citation to the owner and deliver
the animal to said person upon said person’s exhibiting acceptable
identification. In the event a captured animal’s owner is not
located, or ownership is not determined, it shall be impounded. If,
by a license tag or other means, the owner of an impounded animal
can be identified, the animal control authority shall notify the owner
by direct contact, telephone, mail, or other reasonable means that
the animal has been impounded, who to contact to obtain the animal’s
release, and a general statement describing the conditions that must
be met to obtain the animal’s release.
(Ordinance 990202A, sec. 3.04, adopted 2/2/1999)
(a)
Redemption by owner; holding period.
If the owner of
an animal is known, immediate notice of impoundment shall be given
to said owner. Any impounded animal, unless under quarantine, may
be redeemed upon payment of the impoundment fee, veterinary fee, rabies
vaccination fee and any other attributable cost. Any impounded vicious
or wild animal, unless there is reason to believe it has an owner,
may be immediately disposed of, as deemed appropriate by the animal
control authority. If a nursing baby animal is impounded without the
mother, or if the mother cannot or refuses to provide nutritious milk,
such animal may be immediately disposed of to prevent further suffering.
Any animal, except vicious or wild animals, not reclaimed by the owner
becomes the property of the city and may be disposed of, or adopted
to a suitable owner at the discretion of the animal control authority.
Such unclaimed animal shall be held for five (5) working days for
all animals, except any animal wearing a current rabies tag shall
be held for not less than seven (7) working days. If an animal is
wearing a current rabies tag, reasonable effort shall be made by the
animal control authority to contact the owner of such impounded animal.
However, final responsibility for reclaiming of the impounded animal
is that of the owner.
(b)
Diseased or injured animals.
The animal control authority
shall be authorized to dispose of any animal suffering from extreme
injury or illness, whether such animal is found on public or private
property, and after a reasonable effort has been made to locate the
owner of such animal. When the redemption of an animal suffering from
any disease or injury is sought by its owner, such animal shall not
be released until the animal control authority is satisfied that its
proper treatment is assured.
(Ordinance 990202A, secs. 4.01,
4.02, adopted 2/2/1999)
The owner may reclaim their dog or cat from impoundment upon
payment of an impounding fee in the sum of five dollars ($5.00) for
the first day or fraction thereof, and five dollars ($5.00) for each
additional day which said dog or cat has been impounded, and payment
of any other attributable fees or costs incident to the impoundment.
(Ordinance 990202A, sec. 10.01,
adopted 2/2/1999)
If any of the animals described in this article are found on
the premises of any person, the owner or occupant of the premises
shall have the right to confine such animal in a humane manner until
the animal control authority can be notified. When so notified, the
animal control authority shall impound such animal as herein provided.
(Ordinance 990202A, sec. 3.09, adopted 2/2/1999)
No person residing in a private residence shall keep or harbor
more than three (3) dogs or cats in any combination. Puppies and kittens
under three (3) months of age shall not be counted for purposes of
this section.
(Ordinance 990202A, sec. 4.03, adopted 2/2/1999)
(a)
Any
vicious animal found at large and endangering the safety of persons
and property may be destroyed by the animal control authority or any
peace officer or animal control officer in the interest of public
safety, if such danger is imminent and a real or apparent necessity
exists to destroy such vicious animal.
(b)
Upon
finding that an animal is vicious, the city shall provide the complainant
and owner with a written determination and may:
(1)
Order the animal impounded and/or destroyed by the animal control
authority or any peace officer, in the interest of public safety,
if such danger is imminent and a real or apparent necessity exists
to destroy such vicious animal; or
(2)
Order the vicious animal removed from the city. Failure to remove
such animal will result in the animal being impounded and humanely
disposed of.
(c)
The
city council finds that vicious animals are so dangerous that they
constitute a threat to children and others in the city. Vicious animals
occasionally escape from their yards or enclosures by slipping under
a fence, jumping over a fence, slipping out through a door or gate
temporarily opened or unlatched, breaking the leash or chain, or pulling
up the anchor for a chain or leash. Children too young to read may
wander too close to an animal, even in the presence of “beware”
signs. It is the policy of the city that children and others should
not have to assume the risk of a vicious animal having an opportunity
to attack or to kill. The city council finds that the benefits to
a dog owner in owning a dangerous animal are outweighed by dangers
to children and to the general public.
(d)
It
shall be unlawful for any person to keep, within the city, any vicious
animal. An animal may be declared to be vicious by the animal control
authority, or by the attending physician of the victim of an animal
bite or scratch, in cooperation with the animal control authority,
after taking the following into consideration:
(e)
If
the owner or person having care, custody, or control of a vicious
animal fails to remove such animal as provided for above, such animal
may be impounded and/or humanely disposed of. The owner or person
having care, custody or control of a vicious animal must report the
disposition and relocation of such animal to the animal control authority
in writing, within five (5) days after the expiration date of the
ordered removal from the city of such animal.
(f)
Those
persons authorized to enforce this article shall be authorized to
request search and seizure warrant(s) if there is cause to believe
that an animal ordered removed from the city for being vicious has
not been so removed, or for any other violation in which the Texas
Code of Criminal Procedure authorizes the issuance of such warrant(s).
(Ordinance 990202A, sec. 5.01, adopted 2/2/1999)
