It is unlawful and a violation of this section to cruelly treat an animal, as defined in Texas Penal Code section 42.09. Upon discovering or being notified by any person that an animal is or may be cruelly treated as prescribed by Texas Penal Code section 42.09, or successor statute, an animal control officer shall investigate such charges. If probable cause is found for an allegation of cruelty to an animal, then the animal control officer may issue a citation for violation of this section, or refer the matter to the county attorney for prosecution in county court, or seize the animal pursuant to Texas Health and Safety Code chapter 821, or a combination of these. The animal control officer shall follow Texas Health and Safety Code chapter 821, or successor statute, as it relates to hearings, seizure and disposition of such allegedly cruelly treated animal. The remedies for inhumane or cruel treatment of animals under Texas Penal Code section 42.09 or Texas Health and Safety Code chapter 821 are cumulative, and the use of one does not preclude the use of another in a given case.
(Ordinance 07-03-01, sec. V, adopted 3/5/07)