For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
Any vertebrate creature of the animal kingdom, excluding
man.
An establishment operated by the city for the temporary confinement,
safekeeping and control of dogs or other animals which come into custody
of the city animal control supervisor in the performance of his official
duties.
Any dog off lead, leash or chain or not securely restrained
within a fenced-in area.
Any place or facility where animals are regularly bought,
sold or traded, except for those facilities otherwise defined in this
chapter. This definition does not apply to individual sales of animals
by ownership.
Any abrasion, scratch, puncture, tear or piercing of the
skin actually or suspected of being caused by an animal.
The Code of Ordinances [board] defined in division 2 of article
1.03.
A commercial variety show featuring animal acts for public
entertainment.
The city animal control officer or his authorized representatives.
The animal control officer shall be responsible for the enforcement
of chapter in [and] the regulations promulgated herein, unless otherwise
provided.
A band, chain, harness or other suitable device worn around
the neck of an animal to which a current rabies vaccination registration
tag can be affixed.
Any animal not commonly domesticated by man.
An animal if it has been bitten by or in contact with any
animal known to be or suspected of being infected with rabies.
A dog trained and used in law enforcement functions and protective
functions, responsive to control by his owner and used only for these
authorized purposes.
An establishment wherein any person engages in the business
of boarding, breeding, buying, letting for hire or selling and dogs
or cats, or engages in the training of dogs for guard or sentry purposes,
with the exception of veterinary hospitals which do not board well
animals, pet shows, grooming parlors and shelters. The keeping of
four (4) or more dogs over the ages of four (4) months shall constitute
the operation of a kennel.
Any person with a doctor of veterinary medicine degree licensed
to practice in the state.
Essentially interferes with the comfortable enjoyment of
life and property, or tends to depreciate the value of the property
of others; to maintain any animal or fowl in such a manner or allow
any pen, enclosure, yard or similar place used for the keeping of
animals or fowl to become unsanitary, disgusting by reason of odor,
or create a condition that is a breeding place for fleas or other
vectors and creates excessive noise pollution which is unpleasant
to persons of ordinary sensibilities residing in the vicinity thereof
or is determined to be a public nuisance by the animal control authority.
Any person, partnership or corporation owning, keeping or
harboring one or more animals.
Any animal kept for pleasure and rather than utility.
Any animal which:
Molests passersby or passing vehicles.
Attacks other animals.
Trespasses on school grounds.
Is repeatedly at large.
Damages private or public property.
Barks, whines or howls in an excessive, continuous or untimely
fashion.
Produces odors or unclean conditions capable of annoying persons
living in the vicinity.
Any dog secured by a leash or lead and under the immediate
physical control of the person having custody thereof or within an
escape-proof structure so as to contain such dog and prevent such
dog from being at large.
Inoculation of an animal with a vaccine that is licensed
by the United States Department of Agriculture, and which is administered
by a veterinarian for the purpose of immunizing the animal against
rabies.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of diseases and injuries of animals.
Any animal, reptile or fowl which is not naturally tame or
gentle but is of a wild nature disposition and which, because of its
size, vicious nature or other characteristics, would constitute a
danger to human life or property if it is not kept or maintained in
a safe manner or in secure quarters.
(2003 Code, sec. 4.1; Ordinance
adopting Code)
(a)
Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and shall be subject to punishment as provided in section 1.01.009 of this code. Continuing or repeated violations shall be deemed to be separate offenses.
(b)
A nuisance as defined in this chapter is prohibited and forbidden within the corporate limits of the city, and any person who permits such a nuisance to exist shall be guilty of a misdemeanor and upon conviction therefor shall be subject to punishment as provided in section 1.01.009 of this code, and each and every day of violation shall be deemed a separate offense. Proceedings under this chapter shall not prejudice the city’s rights to proceed under other provisions of this chapter or any other duly enacted city ordinance or state law, and this and all provisions hereof are declared to be cumulative of all other ordinances.
(2003 Code, sec. 4.9)
The city enforcement agent shall be responsible for the enforcement
of this chapter, except as herein provided. In addition, witnesses
to violations of this chapter may institute enforcement by the filing
of a complaint in municipal court.
(2003 Code, sec. 4.8)
If the citizen wants to appeal the animal control decision then
he must file all proper paperwork with the Code of Ordinances board.
After the ruling of the Code of Ordinances board, if the citizen wants
to appeal the decision then he must file all the proper paperwork
with the municipal court judge. The municipal court judge will be
given a copy of all paperwork for the Code of Ordinances board.
(2003 Code, sec. 4.17)
(a)
Pick
up a live animal: $25.00.
(b)
Board
domestic animal: $10.00 a day.
(c)
Board
livestock animal: $25.00 a day.
(d)
Pick
up dead domestic animal: $15.00.
(e)
Pick
up dead livestock animal: $100.00.
(f)
Pick
up dead chicken: $10.00.
(g)
Pick
up dead goat/lamb: $50.00.
(h)
Pickup
dead hog/swine: $75.00.
(i)
All
snake calls (in houses, garages, barns and cellars): $25.00.
(j)
All
bee calls: $30.00.
(k)
Dart
a dog/cat: $25.00.
(l)
Tranquilize
a horse/cow (large livestock): $25.00.
(m)
Out-of-town
calls: $25.00 service call + 42.5 cents a mile + regular fees from
above.
(2003 Code, sec. 4.92)
(a)
Required.
It shall be the duty of the animal control
supervisor to keep or cause to be kept accurate and detailed records
of all the impoundment and disposition of animals, and all bite incidents
reported to the division and investigation of it.
(b)
Audits.
The aforesaid records shall be audited annually
in the same manner as other city records are audited.
(2003 Code, sec. 4.95(A), (B))
(a)
No
person shall crop a dog’s ears except a licensed veterinarian.
(b)
Enforcement
of this section shall be in accordance with state law or by the filing
of a complaint, by a witness to such act, in municipal court.
(2003 Code, sec. 4.2)
(a)
All
dogs shall be kept under restraint.
(2003 Code, sec. 4.3)
Every person owning or having charge, care, custody or control
of any dog shall keep such dog exclusively upon his or her own premises
by means of physical restraint; provided, however, that such dog may
be off such premises if it is under direct control of a competent
person by means of a secure leash not over six feet in length or by
some other equivalent means of direct physical control.
(2003 Code, sec. 4.11)
Every person owning or having charge, care, custody or control
of any animal shall keep such animal exclusively upon his or her own
premises by means of physical restraint; provided, however, that such
animal may be off such premises if it is under direct physical control
of a competent person.
(2003 Code, sec. 4.12)
The following shall be considered a public nuisance and shall
be unlawful:
(1)
The
keeping of any animal which by causing frequent or long-continued
noise shall disturb the comfort and repose of any person of ordinary
sensibilities in the vicinity;
(2)
The
keeping of any animal in such manner as to endanger the public health
or as to annoy neighbors by the accumulation of droppings and putrescible
materials which cause foul and offensive odors;
(3)
The
keeping of any animal which habitually deposits body wastes upon,
or destroys by chewing, scratching, digging or otherwise, property
other than that of the owner of such animal;
(4)
All
animal pens, stables or enclosures in which any animal is kept or
confined which from use have become offensive;
(5)
The
keeping of bees in such a manner as to deny the lawful use of adjacent
property or endanger personal health and welfare.
(2003 Code, sec. 4.16)
The keeping of or causing to be kept any chickens, geese, ducks,
guineas, pigeons or rabbits in pens or enclosed areas kept in such
a manner as to become offensive, producing odors capable of annoying
persons living in the vicinity, or kept in an unclean condition, is
hereby declared to be a nuisance subject to abatement and subject
to the penal provisions of this chapter.
(2003 Code, sec. 4.4)
It shall be unlawful for the owner or person in charge of any
domestic fowl to permit the same to run at large within the city,
and no person shall release any domestic fowl within the corporate
limits of the city.
(2003 Code, sec. 4.5)
Dangerous wild animals, as defined in V.T.C.A., Health and Safety
Code, section 822.101, shall be regulated in accordance with the provisions
of V.T.C.A, Health and Safety Code, chapter 822, subchapter E, section
822.101 et seq.
(Ordinance adopting Code)
The failure on the part of the owner, operator, agent or driver
of any truck, trailer or other vehicle that has been used for the
hauling of any livestock, animals or fowl, when parked in or on any
highway, street, alley, vacant lot or tract of land, either public
or private, or in any service station or garage within the corporate
limits of the city, to move such vehicle containing manure or excreta
or liquid discharge of such livestock, animals or fowl, when notified
by the animal control officer to move such vehicle to such location
as will not disturb the inhabitants of the city by reason of the odor,
gases or fumes caused by the contents of the vehicle, is hereby declared
to be a nuisance, subject to abatement and the penal provisions of
this chapter.
(2003 Code, sec. 4.7)
(a)
It
is unlawful for any person to abandon or dump any animal in the city.
(b)
It
shall be the duty of every person to report immediately to the department
the location and description of any animal.
(2003 Code, sec. 4.10(A)–(C))
(a)
It
is unlawful for any person having charge or custody of an animal,
as owner or otherwise, to place or confine such animal or allow such
animal to be placed or confined or to remain in a motor vehicle or
trailer under such conditions or for such period of time as may endanger
the health or well-being of such animal due to heat, lack of food
or water, or such other circumstances as may reasonably be expected
to cause suffering, disability or death.
(b)
Any
officer finding an animal in a motor vehicle or trailer in violation
of the above is authorized to obtain a locksmith at the owner’s
cost, or break and enter the vehicle if necessary to remove the animal.
Removed animals will be impounded at the shelter for safekeeping.
Owners may claim their animals upon payment of all reasonable charges
or fees that accrued for removal and maintenance of the animal, plus
impoundment fees. At the time the animal is removed from the vehicle
or trailer the officer shall leave a written notice bearing his or
her name, office and the address where the animal may be claimed.
The animal will be retained for a minimum of six days, and if not
claimed will be disposed of as provided by this chapter.
(2003 Code, sec. 4.10(D), (E))
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)
