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.
The animal control function of the town.
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).
Domestic animals.
All species of animals commonly accepted as being domesticated.
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.
Small livestock.
All types of domesticated swine, sheep and goats.
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) 
Pursuant to Tex. Health and Safety Code section 826.017, the town council shall designate a local health authority who will, among other duties, enforce the animal control regulations of this chapter. Such local health authority may be a municipal health officer, an animal control officer or an entity that the town council considers appropriate. If the local health authority is to be a private entity, the town council may make such appointment by entering into a contract to carry out the activities required by this chapter. The local health authority or one of its animal control officers shall have full authority to enforce this chapter; however, such authority shall not be construed to prevent any other person, citizen or town officer from filing and prosecuting a complaint in the municipal court or any other court having jurisdiction over such matter.
(b) 
The local health authority and its animal control officers shall have the following duties:
(1) 
The local health authority and its animal control officers shall be the primary enforcement authority of the provisions of this chapter and the animal control ordinances of the town.
(2) 
The local health authority or an animal control officer shall have the authority to issue citations for any violation of this chapter. A citation is the official notice to a person that he or she is to appear in the municipal court to answer a violation. The citation is similar to the traffic ticket issued for a traffic violation; however, it does not have to be on any specific form; its only purpose is to give notice of the filing of the violation in the court.
(3) 
If the person being cited is not present, the local health authority or animal control officer may send the citation to the alleged offender by registered or certified mail.
(4) 
It shall be unlawful for any person to interfere with the local health authority or animal control officer in the performance of duties. It is a defense to prosecution under this subsection (b)(4) that the interference alleged consisted of constitutionally protected speech only.
(5) 
The local health authority and any animal control officer are authorized to go onto any private property within the town for the purpose of determining whether or not any provision of this chapter has been violated and to impound any animal kept or harbored in violation of any terms of the ordinances codified by this chapter.
(1998 Code, sec. 91.08)
(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)
(a) 
The owner or person in possession of animals shall keep yards, pens, and enclosures in which such animals are confined in such a manner 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 to endanger the public health or safety, or to create a public nuisance.
(b) 
All persons keeping such animals shall comply with the following regulations:
(1) 
Manure shall be removed from pens, stables, yards, cages, and other enclosures as necessary to maintain sanitary conditions and handled or disposed of in such manner as to keep the premises free of any nuisances.
(2) 
Mound storage of droppings or manure between such removals shall be permitted only under such conditions as to protect against the breeding of flies and to prevent migration of fly larvae (maggots) into the surrounding soil.
(3) 
Watering troughs or tanks shall be provided that are equipped with adequate facilities for draining the overflow so as to prevent the breeding of flies, mosquitoes, and other insects.
(4) 
No putrescible material shall be allowed to accumulate on the premises, and all such material used to feed that is unconsumed shall be removed and disposed of by burial or other sanitary means.
(1998 Code, sec. 91.05)
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)
(a) 
Adoption of a dog or cat from the animal shelter may take place under the following conditions:
(1) 
The animal has been classified as adoptable by the local health authority;
(2) 
The prospective adopter can meet all of the adoption guidelines as set forth by the local health authority;
(3) 
The prospective adopter obtains all necessary vaccination, registration, and sterilization; and
(4) 
The prospective adopter pays the current adoption fees.
(b) 
The local health authority shall refuse to allow a person to adopt a dog or cat from the animal shelter when the local health authority has reason to believe that person would not be able to obtain a registration certificate under this chapter, would not have proper facilities for care of the animal, wants the animal for purposes of resale or purposes other than pet ownership, or would not be a suitable owner within the sole discretion of the local health authority, or that the animal would be a hazard to humans or other animals in the opinion of the local health authority.
(1998 Code, sec. 91.07)
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)