The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any living creature of the animal kingdom, including mammals,
birds and all forms of fowls, amphibians, reptiles, and all animals
whose natural habitat is water, such as fish.
As applied to an animal, means that such animal is not confined
inside the owner’s house or on the owner’s premises and
inside a suitable and substantial fence of sufficient strength and
height to prevent the animal from escaping therefrom, or secured on
such premises by a leash of sufficient strength to prevent the animal
from escaping from the premises and so arranged that the animal will
remain on the premises when the leash is stretched to full length
in any direction; provided, however, that an animal shall not be considered
at large when held and controlled by some person or by means of a
leash or chain of proper strength and length to control the actions
of the animal, or while confined within any vehicle.
An animal of the canine species, whether of the male or female
sex.
Any animal of the class Aves, including chickens, turkeys,
pigeons, guineas, ducks, geese, swans, etc.
Grazing animals normally found on a farm or ranch, such as
horses, mules, donkeys, burros, cattle, sheep, goats, etc.
Any person or persons owning, keeping, harboring, or in charge
of any animal or animals.
(1965 Code, sec. 4-1; Ordinance
adopted 7/3/01; 1989 Code, sec.
4-1)
It shall be unlawful for any owner to permit an animal or animals
to run at large upon the public streets, avenues, alleys, parks or
other public property of the city or to permit any animal or animals
to run at large or to go upon the premises owned or in possession
of or under the control of any other person in the city.
(1965 Code, sec. 4-2; Ordinance
adopted 7/3/01; 1989 Code, sec.
4-2)
(a)
Definition.
A “dangerous animal,” as such
term is used in this section, means any animal with a propensity,
tendency or disposition to attack human beings or domestic animals,
including dangerous dogs within the meaning of section 822.041 of
the Health and Safety Code of the state, including future amendments
thereto. An animal that makes an unprovoked attack on a person or
another animal shall be conclusively presumed to be a dangerous animal
within the meaning of this section.
(b)
Confinement.
The owning, keeping, or maintaining of
a dangerous animal within the corporate limits of the city is hereby
prohibited and declared unlawful unless such animal is confined at
all times within a securely enclosed, locked pen or structure upon
the residence premises of the owner or other person responsible therefor.
Such structure or pen shall not be deemed securely enclosed unless
it has secure sides, top and bottom, with the top and bottom secured
to the sides. If such pen or structure has no bottom, the sides must
be imbedded in the ground at least two (2) feet. If any such dangerous
animal is to be moved to or from such pen or structure, it shall be
lawful to do so only if the animal is muzzled and leashed with a secure
chain controlled by at least one (1) person for each such animal.
This section is inapplicable to state-licensed veterinarians and persons
charged with the duty of animal control.
(c)
Penalty.
This section is declared to be necessary as a public health measure, and each violation shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each and every day that an owner, keeper or maintainer of a dangerous animal is in violation of this section shall constitute a separate offense punishable hereunder.
(Ordinance adopted 7/3/01; 1989 Code, sec. 4-2.5; Ordinance adopting
2016 Code)
(a)
No
person shall willfully or knowingly keep or harbor on his or her premises
any animal that makes or creates loud and obnoxious noises by whatever
method created, thereby disturbing the peace of the neighborhood or
disturbing the occupant of adjacent premises or people living in the
vicinity of such loud and obnoxious noise.
(b)
A
person shall be deemed to have willfully and knowingly violated the
terms of this section if such person shall have been notified by his
or her neighbors or the chief of police or his/her designee or any
police officer of such disturbance and shall have refused for a period
of twenty-four (24) hours to correct such disturbance and prevent
its recurrence.
(1965 Code, sec. 4-3; 1989 Code,
sec. 4-3; Ordinance adopting 2016 Code)
It shall be the duty of every person raising, owning or keeping
any animal to keep such creatures and their abodes in a sanitary condition
so that such animal, or the place where such creature is kept, shall
not emit foul and offensive odors of sufficient strength to be detected
on any adjoining property.
(1965 Code, sec. 4-4; 1989 Code,
sec. 4-4)
(a)
Any
owner of livestock within the corporate limits of the city shall maintain
and keep all buildings and the vicinity around such buildings or all
lots, stockyards, or open areas where any livestock are kept in such
a manner that any and all of such places are free from the accumulation
of rubbish, garbage, manure or other putrefying, decomposing, infectious
or bad-smelling substances.
(b)
When
necessary to move livestock from one place within the city to another,
special care shall be taken to remove manure from the streets and
other public or private property at once, and to thoroughly wash such
streets after the passage of such livestock.
(c)
It
is hereby declared to be a nuisance for any person to maintain any
of the places mentioned in this section in such a manner that such
places are not free from the accumulation of the items mentioned herein
or other putrefying, decomposing, infectious or bad-smelling substances,
or to not remove manure from the streets and to fail to wash the streets.
(1965 Code, sec. 4-5; 1989 Code,
sec. 4-5)
No bull, stallion or jack over age of one (1) year shall be
kept within the city.
(1965 Code, sec. 4-6; 1989 Code,
sec. 4-6)
It shall be unlawful for any person to keep swine in the city
limits.
(1965 Code, sec. 4-7; 1989 Code,
sec. 4-7)
It shall be unlawful for any person to keep bees or beehives
within the city.
(1965 Code, sec. 4-8; 1989 Code,
sec. 4-8)
It shall be unlawful for any person to cruelly maltreat any
dumb animal in the city; or to willfully and wantonly kill, maim,
wound, poison or disfigure any horse, ass, mule, cattle, sheep, goat,
swine, dog or other domesticated animal, bird or beast of any kind;
or to mutilate, cruelly kill, overdrive, override or overload, or
unnecessarily confine, or in any manner oppress the same; or to unnecessarily
fail to provide the same with proper food, drink or shelter; or to
drive, work or use the same when such animal is maimed, wounded, sick,
lame or otherwise unfit for labor; or to willfully abandon the same
to die; or to carry or to cause the same to be carried, hauled or
forced along in a cruel or inhumane manner; or to leave any animal
tied up or confined anywhere, day or night, for more than six (6)
hours at a time without properly feeding, watering and caring for
the same. This section shall not be construed to prevent policemen
or other persons from destroying dogs or other animals when lawfully
entitled to do so.
(1965 Code, sec. 4-16; 1989 Code,
sec. 4-9; Ordinance adopting 2016 Code)
