The following words, terms, and phrases shall have the meanings
ascribed to them in this section, except where the context indicates
a different meaning:
Abandon.
To leave unattended for more than seventy-two (72) hours
without making reasonable arrangements for assumption of custody by
another person.
Animal.
Any living nonhuman creature, vertebrate or invertebrate,
domestic or wild.
Animal control officer.
An employee or agent of the city designated by the city to
investigate, administer, and enforce the city code and laws of the
state pertaining to the care and control of animals within the city.
At-large.
Not under the control of the owner either by leash, chain,
cord, or other suitable material attached to a collar or harness;
not restrained securely within an enclosure or fenced premises.
City.
City of New Deal, Texas.
Collar.
A band, chain, harness, or other suitable device worn around
the neck of an animal to which a current rabies vaccination tag can
be affixed.
Dangerous wild animal.
An animal of a species defined as a “dangerous wild
animal” in section 822.101 of the Texas Health and Safety Code
(dangerous wild animals) as amended; or an animal of any other species
of wild or feral mammal or reptile that by its nature or breeding
is capable of inflicting serious bodily injury to a human.
Dangerous dog.
Any dog that, because of its aggressive nature, training,
or characteristic behavior, has demonstrated that it presents a risk
of serious physical harm or death to human beings, or would constitute
a danger to human life, physical well-being, or property if not kept
under the direct control of the owner. This definition shall not apply
to dogs utilized by law enforcement officers in the performance of
their duties. The term “dangerous dog” incudes any dog
that according to records of the city or any law enforcement agency:
(1)
Makes an unprovoked attack on a person that causes bodily injury
and occurs in a place other than an enclosure in which the dog was
being kept and that was reasonably certain to prevent the dog from
leaving the enclosure on its own;
(2)
Commits unprovoked acts in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent
the dog from leaving the enclosure on its own and those acts cause
a person to reasonably believe that the dog will attack and cause
bodily injury to that person; or
(3)
Meets the definition under state law, Texas Health & Safety
Code chapter 822, regulation of animals.
Dog.
A domesticated member of the canine family, Canis familiaris,
but does not include a wolf, jackal, coyote, fox, or other wild animal
of this family.
Exotic animal.
Any animal not commonly domesticated. This does not include
small caged animals that are typically sold through pet stores, including
rabbits, commercially bred ferrets, indoor caged birds, nonpoisonous
reptiles, amphibians, and small mammals (hamsters, guinea pigs, rats,
mice, and gerbils), and fish kept in an aquarium or ornamental pond.
Fenced yard.
An area that is completely surrounded by a substantial fence
of sufficient strength, height, construction, materials, and design
as to prevent any harbored animal from escaping from the area and
any part of the head of a harbored animal from extending over or above
the fence line.
Fowl.
Domestic birds to include chickens, roosters, ducks, geese,
and pigeons.
Harboring.
The act of keeping and caring for an animal or providing
premises to which the animal returns for food, shelter, or care for
a period of seventy-two (72) hours or longer.
Humane officer.
Any person designated by the state, a municipal government,
or a humane society as a law enforcement officer who is qualified
to perform such duties under the laws of this state.
Impound.
To seize and hold in the custody of the animal control authority
or another authority such as a veterinarian, or animal shelter.
Livestock.
Animals that are routinely raised on a farm and/or are generally
found in agricultural habitats to include horses, cows, sheep, goats,
swine, burros, donkeys and mules.
Owner.
An owner, custodian, caretaker, or person who feeds or harbors
the subject animal for seventy-two (72) hours or longer. Persons caring
for an animal at the specific request of an owner are not included
in the definition of owner; however, they are required to keep the
animal in compliance with this chapter.
Pet.
An animal kept for pleasure rather than utility.
Prohibited animal.
An animal other than a common domestic or livestock animal,
regardless of state or duration of captivity, that poses a potential
physical or disease threat to the public or that is protected by international,
federal, or state regulations, including but not limited to:
(1)
Class Reptilia:
Family Helodermatidea (venomous lizards); Family Viperidae
(rattlesnakes, copperheads, cottonmouths, other pit vipers and true
vipers); Family Elapidae (coral snakes, cobras, elapids); the following
listed species of Family Colubridae: Dispholidus typus (boomslang),
Hyrodynastes gigal (water cobra, boiga (mangrove snake, and Thelotornis
(African twig snake); Order Ophidia, Family Boidae (racers, boas,
water snakes, and pythons); and Order Crocodilia (crocodiles, alligators,
caimans, and gavials);
(2)
Class Aves:
Order Falconiformes (such as hawks, eagles, and vultures);
Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus);
Order Strigiformes (such as owls);
(3)
Class Mammalia:
Order Carnivora, Family Felidae (such as lions, ocelots,
margays, tigers, jaguars, leopards, and cougars), except commonly
accepted domesticated cats; Family Canidae (such as wolves, wolf-dog
hybrids, dingoes, coyotes, and jackals), except domesticated dogs;
Family Mustelidae (such as weasels, skunks, wild ferrets, martins,
mink, and badgers); Family Procyonidae (raccoon); Family Ursidae (such
as bears); Order Marsupialia (such as kangaroo and common opossums);
Order Edentata (such as sloths, anteaters, and armadillos); Order
Primata (such as monkeys, chimpanzees, and gorillas); Order Rodentia
(such as porcupines); and Order Ungulata (such as antelope, deer,
and bison); Order Chiroptera (such as bats);
(4)
Animals not listed:
The city council or the animal control officer may declare
any species of animal not listed in this subsection as “prohibited”
if the confinement of the animal within the city can be shown to constitute
a threat to public health and safety.
Quarantine.
Strict confinement under restraint by closed cage or paddock
or in any other manner approved in this chapter or by state law.
Secure enclosure.
A fenced area that is:
(1)
Locked and in conformance with the requirements for enclosures
established by the city and state law;
(2)
capable of preventing the entry of the general public, including
children;
(3)
capable of preventing the escape or release of a dog; and
(4)
if applicable, clearly marked as containing a dangerous dog.
Stray animal.
Any animal for which there is no identifiable owner or harborer.
Unprovoked.
With respect to an attack or attempt to attack by a dog,
that the dog was not hit, kicked, or struck by a person with any object
or part of the attacked person’s body nor was any part of the
dog’s body pulled, pinched, or squeezed or in any other manner
provoked by the person attacked.
Vaccination.
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 and which is administered in compliance with the requirements
of this chapter and by state law.
Vicious animal.
Any animal that constitutes a physical threat to human beings
or other animals.
(Ordinance 229 adopted 9/18/19)
The chief of police or an individual appointed by the city council.
(Ordinance 229 adopted 9/18/19)
The following shall be considered a public nuisance and shall
be unlawful:
(1) The
keeping of an animal which causes frequent or long continued noise,
barking, howling, meowing, or whining in such a manner, with such
intensity, or with such continued duration, so as to annoy, distress,
or disturb the quiet comfort or repose of persons of ordinary sensibilities
within the vicinity of hearing thereof;
(2) The
keeping of more than a combination of five (5) dogs and/or cats above
the age of four (4) months in any of the residential areas within
the city limits;
(3) The
keeping of swine; fowl (other than chickens) bees, wild animals, and
other prohibited animals defined above;
(4) The
keeping of any animal as to endanger the public health or as to annoy
neighbors or other nearby persons of ordinary sensibilities by the
accumulation of feces and putrid materials which cause foul and offensive
odors or the creation of a condition that is a breeding place for
fleas or other vector;
(5) 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;
(6) The
keeping of animals for which rabies vaccine is available and which
remains unvaccinated against rabies;
(7) The
failure to restrain and allow a dog to run at-large.
(Ordinance 229 adopted 9/18/19)
(a) Every
owner of a dog or cat over four (4) months of age shall have the animal
vaccinated against rabies. Thereafter all dogs and cats shall be immunized
annually against rabies by means of an anti-rabies vaccine administered
by a duly licensed veterinarian in accordance with the Texas Administrative
Code, section 169.29 and pursuant to the Texas Health and Safety Code,
sections 826.014 and 826.017, as amended.
(b) Upon
vaccination of an animal, the owner shall procure from the veterinarian
a durable tag which is stamped with the tag number and year administered
and a corresponding vaccination certificate. Such tag and identification
tag shall be securely attached to a collar around the neck of the
animal or a harness around the neck of and body of the animal vaccinated,
except that cats shall not be required to wear such tag so long as
the owner of the cat possesses such a tag and certificate.
(Ordinance 229 adopted 9/18/19)
No single-family household in the City may keep more than a
combination of five (5) adult dogs and adult cats. This section does
not restrict litters of kittens or puppies under four (4) months of
age.
(Ordinance 229 adopted 9/18/19)
Animal Unit Table
|
---|
Animal Type
|
Number of Animals
|
Comments
|
---|
Horses/cows/sheep/goats
|
1 acre = up to 2 animals
2 acres = up to 4 animals
3 acres = up to 6 animals
4 acres = up to 8 animals
5+ acres = up to 10 animals
|
No more than a combination of ten (10) horses, cows, sheep/goats
may be kept, regardless of the amount of acreage available.
|
Chickens (no roosters)
|
0-2 acres = 6 animals
2-3 acres = 20 animals
3-4 acres = 40 animals
4+ acres = 50 animals
|
No more than fifty (50) chickens may be kept, regardless of
the amount of acreage available.
|
(1) Livestock
shelters shall not be allowed within one hundred (100) feet of adjacent
lots or building sites.
(2) Chickens
must be totally enclosed within a privacy fence of a height of at
least four (4) feet.
(3) The
fenced area containing the chickens must be at least twenty (10) feet
from any adjacent lot.
(4) All
shelters and fencing must be maintained in good repair.
(Ordinance 229 adopted 9/18/19)
Every person owning or having charge, care, custody, or control
of any animal shall not engage in acts of cruelty and violence toward
the animal, to include dogfighting and cockfighting, and shall:
(1) Provide
basic necessities for the animal:
(A) Regular and adequate amounts of nutritious food that is appropriate
to maintain the animal in good health;
(B) A constant and adequate supply of clean, fresh, potable water that
keeps the animal hydrated for environmental conditions; and
(C) Care and medical treatment for injuries, parasites, and diseases
that is sufficient to maintain the animal in good health and minimize
suffering;
(2) Provide
for proper shelter for the animal so that the animal is not exposed
to constant sun and inclement weather;
(3) Not
abandon any animal in the city; and
(4) Not
place or confine any animal to remain in a motor vehicle or trailer
under life-threatening conditions for a period of time as may endanger
the health or well-being of the animal due to heat, cold, lack of
food or water, or such other circumstances as may reasonably be expected
to cause suffering, disability, or death.
(Ordinance 229 adopted 9/18/19)
(a) Any
animal found to be in violation of any provision of this or any other
ordinance of the city or other applicable provisions of any state
law may be impounded by the city and delivered to an authorized animal
shelter for disposition.
(b) The
animal control officer or any peace officer shall be authorized to
capture and impound abandoned stray animals and dogs running at-large
and place in an authorized animal shelter. The animal control officer
or any peace officer may issue a citation to the owner of the dog
whether or not the dog is subsequently impounded.
(c) A
reasonable effort will be made by the animal control officer to locate
the owner of any captured dog, utilizing collar tag identification
or other means, and to notify the owner by telephone or personal contact.
(d) In
the event that an animal is of a vicious nature, and the actions or
behavior constitute an immediate threat to the health and safety of
any person, or the animal is about to elude capture, the animal control
officer or any peace offer shall be justified in immediately destroying
the animal by the use of the most reasonable means available at the
time.
(e) Any
animal, whether licensed or unlicensed, which in the professional
judgment of the animal control officer or peace officer is in great
pain and suffering due to injury from which the animal probably will
not recover, or which appears to have rabies, and/or which is at-large
and is posing an imminent danger to human beings or to other animals,
may be destroyed by the use of the most reasonable means available
at the time.
(f) Any
officer finding an animal in a motor vehicle or trailer in violation
of the provisions in this subsection 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 in accordance
with this chapter or placed in a veterinary clinic 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 charged by the entity holding the impounded animal.
At the time the animal is removed from the motor vehicle or trailer,
the officer shall leave a written notice bearing their name and title,
and the address of the entity where the animal may be claimed. The
animal will be retained in accordance to the rules of the entity and
may be disposed of by that entity in accordance with their rules and
state regulations.
(Ordinance 229 adopted 9/18/19)
A person who knows of an animal bite or scratch in an individual
or another animal that the person could reasonably foresee as capable
of transmitting rabies, or knows of an animal that the person suspects
is rabid, shall report the incident and animal to the police department
or city offices as soon as possible but not later than twenty-four
(24) hours from the time of the incident.
(Ordinance 229 adopted 9/18/19)
(a) The
provisions of this chapter and of state law, title 10, chapters 821
through 829 et seq., of the Texas Health and Safety Code, as amended,
regarding health and safety of animals shall be enforced by an enforcement
officer, and such person shall have the authority to issue citations
to persons violating the provisions of this chapter or of state law.
(b) For
the purpose of discharging the duties imposed by this chapter and
to enforce its provision, any officer is empowered at all reasonable
times, upon a determination of probable cause and upon presentation
of appropriate credentials if possible, to enter any premises upon
which an animal is kept or harbored and to demand the exhibition,
by the owner of a dog or cat, of the certificate of vaccination. It
is further provided that a law enforcement officer may enter, upon
a determination of probable cause and upon presentation of appropriate
credentials if possible, the premises where an animal is kept in an
allegedly cruel or inhumane manner and demand to examine or impound
such animal, when in the officer’s opinion, it requires humane
treatment.
(c) No
officer shall, however, enter a private residence for purpose of making
an inspection under this chapter without first receiving permission
from an occupant of such residence or in an emergency situation and
determination of probable cause, or by order of a magistrate or of
a court of competent jurisdiction as provided by law. Those enforcing
the provisions of this chapter and/or state law shall have the right
to pursue and apprehend animals running at-large onto private property
while enforcing the provisions of this chapter and shall not be guilty
of trespass while doing so.
(d) It
shall be a violation of this chapter to interfere with an officer
in the performance of their duties.
(Ordinance 229 adopted 9/18/19)
Except as otherwise provided by state law:
(1) Any
person violating any provision of this chapter shall be deemed guilty
of a misdemeanor and shall be punished by a fine not to exceed two
thousand dollars ($2,000.00). For a violation of this chapter and
state law, the state punishment applies;
(2) Each
occurrence shall be deemed to be a separate violation; and
(3) The
city shall be entitled to pursue all other criminal and civil remedies
to which it is entitled under the authority of other ordinance or
state law.
(Ordinance 229 adopted 9/18/19)
In accordance with this article and state law:
(1) If
the animal control officer has cause to believe that a dog is a dangerous
dog as defined by sec. 201.001 of this article and state law, Texas
Health and Safety Code subchapter D section 822.041, “dangerous
dogs,” the officer may find and declare the dog a dangerous
dog;
(2) Within
seventy-two (72) hours of declaring a dog dangerous, the animal control
officer will notify the person owning the dog of its designation as
a dangerous dog, and will provide the owner with a copy of this article.
The notification to the owner will be provided in person or through
certified mail return receipt requested. The notification will describe
the dog and specify any particular requirements or conditions placed
upon the owner of the dog; and
(3) The
notice shall inform the owner of the dog that they may request, in
writing, an appeal of the dangerous dog determination within ten (10)
days from the receipt of the certified mail or date of the personal
notification of the dangerous dog declaration to contest the finding
and designation.
(Ordinance 229 adopted 9/18/19)
In accordance with this article and state law:
(1) If
the owner of a dog that has been determined dangerous by the animal
control officer elects not to appeal that decision, then within thirty
(30) days of the expiration of the ten (10) day time period for appeal,
the owner shall comply with the requirements listed in this article.
If the owner of the dog that has been determined dangerous appeals
that decision to the municipal court, or other court of jurisdiction,
then such owner shall comply with the requirements of this article
within thirty (30) days if such determination by the municipal court
or other court of jurisdiction is rendered. If the dog is determined
to be a dangerous dog, the requirements that must be met are as follows:
(A) Register the dangerous dog with the animal control officer;
(B) Restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure, as specified by state
law; and
(C) Obtain liability insurance coverage or show financial responsibility
in the amount specified by state law.
(2) For
purposes of this article, a person learns that they are the owner
of a dangerous dog when:
(A) The owner is aware of an attack described in the definitions set forth in section
2.01.001 of this article;
(B) The owner is informed by the animal control officer or other city
official; or
(C) A determination is made by the municipal court, or other court of
jurisdiction, that the animal is declared a dangerous dog.
(Ordinance 229 adopted 9/18/19)
(a) Appeals
from the animal control officer’s determination that the animal
is a dangerous dog will be heard by the municipal court or other court
of jurisdiction in conformance with state law.
(b) The
appeal is a civil proceeding for the purpose of affirming or reversing
the animal control officer’s determination that the animal is
a dangerous dog. If the dog has been impounded, the court judge may
waive any and all fees associated with the impoundment and release
the dog to its owner upon reversal of the animal control officer’s
determination.
(c) An
owner may appeal the decision of the municipal or other court of jurisdiction
to a county court or county court at law in accordance with section
882.0424 of the Texas Health and Safety Code.
(Ordinance 229 adopted 9/18/19)