For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Animal.
Any living creature, including but not limited to dogs, cats,
horses, birds, fish, mammals, reptiles, insects, fowl and livestock,
but specifically excluding human beings.
Animal control officer.
Any person or agency designated by the local health authority
to be an enforcement officer to enforce the provisions of this chapter.
Cat.
Any live or dead cat (Felis catus).
Currently vaccinated.
Vaccinated and satisfying the following criteria:
(1)
The animal must have been at least 16 weeks of age at the time
of vaccination.
(2)
The veterinarian who administered the initial vaccination has
discretion as to when the subsequent vaccination will be scheduled.
(3)
No more than three years have elapsed since the most recent
vaccination.
Dog.
Any live or dead dog (Canis familiaris).
Harboring.
The act of keeping or caring for an animal or of providing
premises to which the animal returns for food, shelter, or care.
Large livestock.
Horses or any member of the domesticated horse family, including,
but not limited to, mules, donkeys and ponies; and all types and varieties
of cattle.
Local health authority.
The person or entity designated by the town council to enforce
and supervise animal control within the town.
Owner.
Any person, firm, or corporation having title to any animal;
or a person who has, harbors, keeps, or causes or permits to be harbored
or kept any animal in his care, or who permits an animal to remain
on or about his premises.
Pet animal.
Dogs, cats, rabbits, rodents, birds, reptiles, and any other
species of animal that is sold or retained as a household pet, but
shall not include skunks, nonhuman primates, and any other species
of wild, exotic, or carnivorous animal that may be further restricted
in this law.
Running at large.
An animal, other than a cat, shall be considered to be running
at large unless it is restrained by a person responsible for the animal
by means of a leash or chain of sufficient strength and length to
control the actions of such animal or by means of being physically
held and controlled by such person; provided, however, an animal shall
not be considered to be running at large if the animal is entirely
confined to the premises where the animal is harbored by means of:
(1)
A fence of sufficient strength and height to keep the animal
entirely confined;
(2)
A chain or leash of length and sufficient strength to keep the
animal entirely confined;
(3)
The direct supervision of the person responsible for the animal;
or
(4)
A barrier commonly known as an “invisible or electronic
fence” that is:
(A)
Generally not visible to the human eye but keeps the animal
entirely confined by means of laser, sound or other technology; and
(B)
Not capable of causing pain or discomfort to any human being
that crosses its path.
Stray animal.
Any animal for which there is no identifiable owner or harborer.
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 that has on one previous
occasion, without provocation, attacked or bitten any person or other
animal, or any individual animal that the local health authority or
supervisor of animal control has reason to believe has a dangerous
disposition, or any species of animal that the local health authority
or supervisor has reason to believe has a dangerous disposition likely
to be harmful to humans or other animals.
Wild animal.
Any poisonous or dangerous reptile or any other species of
animal that commonly exists in a natural, unconfined state and is
usually not domesticated, including, but not limited to, foxes, opossums,
raccoons, squirrels, leopards, panthers, tigers, lions, and lynx,
unless certified for medical, biological, herpetological, or other
scientific research or study. This definition shall apply regardless
of state or duration of captivity.
(1998 Code, sec. 91.01; Ordinance 2019-30 adopted 12/3/19; Ordinance adopting Code)
(a) No
person shall harbor any wild or exotic animal within the corporate
limits of the town without approval of a special permit by the town
council.
(b) The
keeping of dangerous wild animals shall be regulated in accordance
with the provisions of V.T.C.A., Health and Safety Code, section 822.101
et seq.
(1998 Code, sec. 91.02; Ordinance
adopting Code)
It shall be unlawful for any person to harbor a vicious animal
within the corporate limits of the town.
(1998 Code, sec. 91.03)
(a)
(1) It shall be deemed unlawful for any person who harbors or is otherwise
responsible for an animal, other than a cat, to fail to prevent the
animal from running at large. Upon a person’s first violation,
the person shall be provided a written warning (in lieu of a citation)
that identifies the person and describes the animal(s) involved in
the violation. A copy of said warning shall be kept on file in the
town’s records. A warning in lieu of a citation shall not be
issued for a violation committed by:
(A) A person that was previously identified in a written warning; or
(B) Any person involving an animal that was the subject of a previous
written warning.
(2) It shall be presumed that any dog that does damage to public or private
property, or attacks a person or other animal, or otherwise disrupts
the lawful use of public or private property by third parties, is
not under the direct supervision and control of any person, even though
the person is in the presence of the animal.
(3) A person who harbors any animal other than a cat commits an offense,
without regard to his mental state, if he fails to restrain the animal
in a fenced yard or an enclosed structure, or by leash, or by holding
the animal in the hands, or by having direct supervision and control
of the animal.
(4) It shall be presumed that any animal that does damage to public or
private property, or attacks a person or other animal, or otherwise
disrupts the lawful use of public or private property by third parties,
is not under the direct supervision and control of any person, even
though the person is in the presence of the animal.
(b) An animal control officer is authorized to impound such animal running at large, other than a cat, and may impound a cat under conditions specified in article
2.05 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.
(Ordinance 2019-30 adopted 12/3/19; 1998 Code, sec. 91.04)
The following requirements are established for pet and animal
care and are not intended to contravene with the provisions for animal
cruelty as provided in the Texas Penal Code:
(1) No
owner shall fail to provide his animal(s) with sufficient good, wholesome
food and water, proper shelter, and protection from the weather, and
veterinary care when needed to prevent suffering, and with humane
care and treatment.
(2) No
person shall beat, cruelly ill-treat, torment, overload, overwork,
or otherwise abuse an animal, or cause, instigate, or permit any dogfight,
cockfight, bullfight, or other combat between animals or between animals
and humans.
(3) No
owner of an animal shall abandon such animal.
(4) Any
person who, as the operator of a motor vehicle, strikes a domestic
animal, shall stop at once and render such assistance as may be possible
and shall immediately report such injury or death to the animal’s
owner; in the event the owner cannot be ascertained and located, such
operator shall at once report the accident to the appropriate law
enforcement agency.
(5) The
use of steel jaw traps shall be prohibited.
(1998 Code, sec. 91.06)
Every person having care, control, or custody of any guard dog
must comply with V.T.C.A., Occupations Code, chapter 1702. The owner
or keeper of guard dogs shall be subject to the other provisions of
this chapter. An ID collar identifying the dog as a guard dog must
be worn at all times and the dog must wear a muzzle out of confinement.
(1998 Code, sec. 91.47; Ordinance
adopting Code)
Dangerous dogs, as defined in V.T.C.A., Health and Safety Code,
section 822.041, shall be regulated in accordance with the provisions
of V.T.C.A., Health and Safety Code, chapter 822, subchapter D, section
822.041 et seq.
(Ordinance adopting Code)
It is unlawful for any person to own, keep or harbor more than
four (4) dogs or four (4) cats or any combination thereof, over four
(4) months of age, within the city. However, this section shall not
apply to breeders, kennels, groomers or a new litter of dogs or cats.
(Ordinance adopting Code)