(a) 
For the purpose of this chapter, the following words, terms or phrases shall have the following respective meanings ascribed to them:
Animal.
Any non-human, live creature, domestic or wild.
Animal control officers.
All employees for the city or any person or persons designated by the city council. Animal control officers are under the authority of the animal control warden.
Animal control warden.
The city code compliance officer or any city employee, or person so designated by the city council.
At large.
Any animal not secured by a leash or lead or not physically restrained within the vehicle or real property limits of its owner or keeper.
Owner/keeper.
Any person, firm, corporation, or organization possessing, harboring, keeping, holding, caring for, having an interest in, or having control or custody of an animal. If the owner/keeper of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with this chapter.
Vicious animal.
Any individual animal or any species that has without provocation bitten or attacked any person or any animal or any species that has attempted to bite or to attack any person, or any individual animal which the animal control warden or animal control officer has reason to believe would constitute a physical threat to persons or other animals.
An animal shall be deemed to be attempting to attack if restrained by a leash, fence or other means and it is clear from the animal’s excited actions that only the presence of the leash, fence or other means of restraint is preventing the animal from making an immediate attack.
Wild animal.
Any species of animals which commonly exist in a natural un-confined state and are usually not domesticated. This shall apply regardless of state or duration of captivity. Wild animals specifically include but are not limited to:
(1) 
A lion;
(2) 
A tiger;
(3) 
An ocelot;
(4) 
A cougar;
(5) 
A leopard;
(6) 
A cheetah;
(7) 
A jaguar;
(8) 
A bobcat;
(9) 
A lynx;
(10) 
A serval;
(11) 
A caracal;
(12) 
A hyena;
(13) 
A bear;
(14) 
A coyote;
(15) 
A jackal;
(16) 
A baboon;
(17) 
A chimpanzee;
(18) 
An orangutan;
(19) 
A gorilla; or
(20) 
Any hybrid of an animal listed in this definition.
Person.
An individual, corporation, association or any other legal entity.
Livestock.
Includes horses, mules, cattle, sheep, fowl, goats, swine and other domesticated animals such as are kept on farms or ranches except dogs and cats.
Rabies tag.
Metallic tag issued by a veterinarian, licensed to practice veterinary medicine in the state, showing that the dog and/or cat for which it is issued has been vaccinated against rabies within the current calendar year.
License tag.
A metallic tag issued by the animal control warden for the city pursuant to section 2.02.002 of this chapter.
(b) 
Construction.
(1) 
Words in the present tense include the future tense.
(2) 
The singular includes the plural, and the plural includes the singular.
(3) 
Words of one gender include the other genders.
(Ordinance 91-2, art. I, secs. 1, 2, adopted 2/19/91; Ordinance adopting Code)
Except for the keeping of chickens as otherwise provided herein, it shall be unlawful for any person or persons to feed, breed, stable, pasture, or keep any livestock in or on any lot, barn, building, parcel of land, stable or other enclosure within the corporate limits of the city. A maximum of six (6) chickens per platted lot may be kept, provided the chickens in question are kept in a manner and under conditions wherein by reason of the odors emanating therefrom, the noise made by them, or from any other cause pertaining to them or pertaining to the manner or to the place at which they are kept is reasonably calculated not to annoy, offend, or disturb the reasonable sensibilities of the inhabitant of a private residence, or person(s) occupying or visiting an establishment open to the public. No chicken house or coop may be placed on any platted lot until the family residence thereon is completed.
(Ordinance 16-06 adopted 9/27/16)
Any person desiring to keep chickens within the city limits shall provide enclosures and housing to adequately accommodate these birds without disturbing adjacent property owners. No person keeping chickens shall permit the same to run or fly at large, or to trespass on the premises of any other person. No person shall keep any grown male chicken (rooster) or other birds which disturb adjacent property owners by the crowing or making of disturbing noises. No person shall keep, within the city limits, any chickens for commercial purposes where the birds or eggs are sold on the market or to individuals or where the chickens are used for commercial purposes, gambling, or profit. Enclosures for chickens will include housing which will provide a minimum of four (4) square feet of floor space for each grown chicken and will conform in appearance to the surrounding structures. No chicken house will be closer than fifty (50) feet from any dwelling and twenty-five (25) feet from any property lines. Chicken houses will be kept clean and sanitary at all times. Means shall be provided to prevent the accumulation of flies, insects, mites, fleas, or other pests. Means shall be provided to prevent the emission of offensive odors. Sick or dead birds shall be properly disposed of immediately. Enclosures shall be constructed as to restrict soil, feathers, or dust to the area of the enclosure and the same will not be allowed to blow or wash onto other private or public property.
(Ordinance 16-06 adopted 9/27/16)
The animal control warden with consent of the mayor and of city council may designate an animal shelter facility or impoundment center for use in placing impounded animals and carrying out the provisions of this chapter.
(Ordinance 91-2, art. I, sec. 4, adopted 2/19/91)
(a) 
The animal control warden is hereby authorized to impound any animal which is in violation of this chapter.
(b) 
The animal warden shall make a complete registry of each animal impounded, recording specifically the breed, color, and sex of such animal, and further recording whether or not the animal is licensed by the city. The time and place of taking the animal into custody shall also be recorded.
(c) 
If the animal warden determines that an impounded animal is licensed, he shall record the name and address of the owner and then number of the license tag.
(d) 
The animal warden shall mail a notice to the owner or custodian of any licensed, impounded dog and/or cat, as indicated by the records kept by the animal control warden of the city, which shall inform the owner or custodian that he has five (5) days from the date of impoundment to redeem that dog.
(Ordinance 91-2, art. I, sec. 5, adopted 2/19/91)
(a) 
It shall be unlawful for a person to interfere with the animal control warden, an animal control officer or their agents in the performance of their duties.
(b) 
The animal control warden or animal control officer shall have authority to discharge an air rifle, rifle, shotgun or other weapon in the performance of their duties.
(Ordinance 91-2, art. III, sec. 5, adopted 2/19/91)
It shall be unlawful for any person owning or keeping any animal other than a domesticated cat, to allow or permit such animal to run at large, as is defined in section 2.01.001 of this chapter.
(Ordinance 91-2, art. III, sec. 3, adopted 2/19/91)
Permitting a dog to bark repeatedly in such a manner as to become a disturbing factor to persons who live in the area or vicinity of such barking, shall constitute a nuisance and is prohibited.
(Ordinance 91-2, art. III, sec. 4, adopted 2/19/91)
(a) 
It shall be the duty of the animal control warden or animal control officer to take up and impound any animal found to be in violation of the provisions of this chapter. Upon impounding any animal, the animal control warden or animal control officer shall, within twenty-four (24) hours after such animal has been so impounded, post up a written notice at the city hall giving in such notice a description of such animal so impounded and stating the owner/keeper must contact the authorized animal warden or animal control officer for the animal’s release. It shall also be posted in a written notice that all unlicensed animals must be redeemed in three (3) days and all licensed animals must be redeemed in five (5) days. The owner or keeper of such animal may redeem such animal and obtain possession of such animal by paying in cash the accrued fees hereinafter levied by this section against such animal.
(b) 
There are hereby levied the following fees and charges against each animal so impounded by the animal control warden or animal control officer, to-wit:
(1) 
The sum of forty dollars ($40.00) per head for taking up and impounding each animal.
(2) 
The sum of five dollars ($5.00) per day per head for taking care of each animal.
Such fees, when collected, shall be placed to the credit of the general fund of the city.
(c) 
In the event that the owner or keeper of any impounded animal does not redeem the animal in three (3) days on animals not licensed or tagged and five (5) days on licensed and tagged animals, that animal shall become the property of the animal shelter facility and/or impoundment center. An impoundment fee will be assessed to any owner/keeper of any licensed animal not redeemed after five (5) days.
(d) 
Any animal so impounded for which is not redeemed after five (5) days will be put up for adoption or humanly destroyed by the animal shelter facility and/or impoundment center at their discretion.
(e) 
The animal control warden or animal control officer shall keep or cause to be kept a book in which he shall keep a record or cause a record to be kept of the description of each animal impounded, the date of impoundment, the date of adoption, the name of the new owner or if the animal was destroyed.
(f) 
It shall be unlawful for any person, without proper authority from the city, to break into, open, pull down the enclosure of, or make any opening into any pound or enclosure used by the city or its officers for the purpose of impounding animals, or to turn out or release any animal from any enclosure being used by the city or its officer for the purpose of impounding animals, or cause same to be done, or aid and abet in doing same.
(Ordinance 91-2, art. III, sec. 6, adopted 2/19/91)
(a) 
All pens, houses, and yards used for the keeping of animals within the city shall be kept in a clean, sanitary and odor free condition.
(b) 
The owner/keeper of every animal shall be responsible for the removal of any excreta deposited by his animals in public areas.
(Ordinance 91-2, art. II, sec. 8, adopted 2/19/91)
(a) 
Any person, firm, corporation or organization violating any provision of this chapter shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(b) 
A person acts intentionally with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
(c) 
A person acts knowingly with respect to their nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly with respect to his conduct when he is aware that his conduct is reasonably certain to cause the result.
(Ordinance 91-2, art. I, sec. 1, adopted 2/19/91; Ordinance 91-2, art. IV, sec. 2, adopted 2/19/91)
(a) 
It shall be unlawful to keep an animal or livestock on a chain or rope placed in a manner that makes it possible to become entangled with the restraints of other animals or livestock or with any other objects.
(b) 
It shall be unlawful to keep any animal or livestock on a chain or rope that is of insufficient length to allow the animal or livestock complete access to shelter at all times, except while the owner or handler is outside, within 50 feet of the animal or is holding the chain or rope.
(c) 
It shall be unlawful to attach a chain to an animal or livestock in a manner so as to cause injury or discomfort to the animal or livestock.
(d) 
It shall be unlawful to stake a cat outside on a leash, rope, chain or similar apparatus.
(e) 
It shall be unlawful to restrain a dog outside with a chain or tether unless:
(1) 
A person is holding the chain or tether; or
(2) 
The dog’s owner or handler remains outside, within 50 feet of the dog, throughout the period of restraint.
(f) 
Each day on which a violation of the regulations set forth in this section occurs shall be a separate offense.
(g) 
Effective date.
The regulations in this section shall be effective on the day following the date on which both of the following conditions have been satisfied:
(1) 
Publication of the caption of this section, in accordance with Tex. Loc. Govt. Code section 52.011, in the Archer County News, the official newspaper of the city and the filing, with the city secretary of the affidavit of the publisher of said newspaper certifying such publication; and [sic]
(h) 
Penalties.
Violations of the regulations set forth in this section shall be punishable by a penalty in accordance with section 1.01.009(a) of this code.
(Ordinance 14-05 adopted 8/19/14)