For the purposes of this chapter, certain terms and words are hereby defined. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; reference to the male gender includes the female, and references to any person or animal without specifying gender include both male and female; the word “shall” is mandatory and directory wherever it is used in this chapter. Other words defined are as follows:
Animal.
Any living creature, except human beings, classified as a member of the kingdom Animalia, and including, but not limited to, mammals, birds, reptiles and fish.
Animal control facility.
An establishment operated by the city or under contract to the city for the temporary confinement, safekeeping, and control of animals which come into the custody of the city.
Animal control officer.
The person designated by the city manager to enforce this chapter, his or her authorized representatives, or any other law enforcement officer. The animal control officer shall be responsible for the enforcement of this chapter and any regulations promulgated hereunder, unless otherwise provided by law.
Animal establishment.
Any facility or business that has custody or control of animals within the city, including, but not limited to, pet shops, pet grooming facilities, animal auction facilities or commercial kennels. This term does not include veterinary or medical facilities, research or other facilities licensed by government agencies.
Assistance animal.
Any animal professionally trained to assist a handicapped person.
At large.
An animal (excluding cats) that meets one of the following criteria:
(1) 
On premises of owner.
Any animal not confined to the premises of the owner by some physical means of sufficient height, strength, length, and/or manner of construction to preclude the animal from leaving the premises of the owner. Any animal being contained by a fence that, because of the fence’s lack of height or general disrepair, cannot properly restrict the animal, shall be considered at large.
(2) 
Off premises of owner.
Any animal which is not physically and continually restrained by some person by means of a leash or chain of proper strength and length that precludes the animal from making unsolicited contact with any person, their clothing, their property, or their premises. The term shall not include animals being trained or exhibited while under the immediate physical or vocal control of a person, so long as the animal demonstrates complete and immediate compliance with all vocal commands of the person.
Bite.
A puncture or tear of the skin inflicted by the teeth of an animal.
Cat.
Any live or dead cat (Felis catus); generally, a domestic feline of either sex, including one neutered or sterilized. Cats and related terms are defined as follows:
(1) 
Feral cat.
Any cat which is too poorly socialized to be handled (and therefore must be trapped and sedated for examination) and cannot be placed into a typical pet home.
(2) 
Free-roaming cat.
Cats which are not confined to the house or an enclosure and are at large.
(3) 
Stray cat.
Cats which are currently or recently owned which may be lost from their homes.
Dangerous animal.
(1) 
Any individual animal which, because of its physical nature and/or vicious propensity, would constitute a danger to human life or property, or any animal that is possessed of tendencies to attack or to injure human beings or other animals;
(2) 
An animal that commits an unprovoked attack on a human being that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own;
(3) 
An animal that commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own, and those acts cause a person reasonably to believe that the animal will attack and cause bodily injury to that person; or
(4) 
An animal that makes an unprovoked attack on a domestic animal or domestic fowl that causes bodily injury or death, and which occurs when such animal is at large.
Dangerous wild animal.
Any animal not normally considered domesticated which, because of its size, vicious nature or other natural characteristic, would constitute a danger to human life, property or domestic animals, or any animal that is restricted from ownership by any state or federal law, including, but not limited to, the following animals:
(1) 
Reptiles: Venomous reptiles, crocodiles or alligators;
(2) 
Birds: Emus, ostriches, rheas, and any species illegal to own under federal or state law;
(3) 
Mammals: Ocelots, lions, tigers, jaguars, leopards, cougars, bobcats, wolves, dingoes, coyotes, jackals, elephants, weasels, martins, minks, badgers, pandas, bears, raccoons, bats, foxes, skunks, cheetahs, servals, caracals, hyenas, baboons, chimpanzees, orangutans, gorillas, any species illegal to own under federal or state law, and any animal which is or may be hereafter listed as a “high risk” animal in the Texas Rabies Control Act; or
(4) 
Any hybrid of any animal classified as a dangerous wild animal.
Department.
The department of state health services.
Dog.
Any live or dead dog (Canis familiaris); generally, a domestic canine of either sex, including one neutered or sterilized.
Domestic animal.
Animals which are naturally tame and gentle, or which by long association with man have become thoroughly domesticated and are now reduced to a state of subjection to his or her will so that they no longer possess a disposition or inclination to escape.
Estray.
Any unbranded sheep, cattle, horses, or mules found running at large, or any branded sheep, cattle, horses, or mules found running at large, or any swine found running at large, but it does not mean nor include any unweaned animal specified in this section that is running with its mother.
Harbor.
The act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter or care for a period of three days.
Identification.
Any acceptable method such as a registration tag or tattoo readily traceable to the current owner.
Impound.
The placing of an animal in an animal control facility, or the taking into custody of an animal for the purposes of transportation to an animal control facility under contract with the city.
Inhumane treatment of animals.
Any treatment of an animal prohibited by any provision of law, including federal, state and local laws, ordinances or rules.
Livestock.
Includes, regardless of age, sex or breed, horses, consisting of all equine species including mules, donkeys, and jackasses; cows, consisting of all bovine species; sheep, consisting of all ovine species; llamas or alpacas; goats, consisting of all caprine species; and pigs, consisting of all swine species.
Owner.
Any person, partnership, corporation, association or legal entity that harbors, shelters, keeps, controls, manages, possesses or has whole or part interest in any animal. The occupant, owner or head of household of any premises where an animal remains for 72 hours or more shall be rebuttably presumed to be the owner of such animal, unless the animal has been reported to the animal control officer as a stray animal. An occupant of any premises on which a dog or cat remains or customarily returns is a person responsible for it under this chapter. If a person under the age of 17 years owns an animal subject to the provisions of this chapter, the head of the household of which such person under the age of 17 years is a member shall be the person responsible for the animal under this chapter. Such household head may himself or herself be under the age of 17 years and therefore subject to prosecution under this chapter. There may be more than one person responsible for an animal.
Pet animal.
Any animal that may be kept as a pet within the city so long as all of the required provisions of this chapter are met, and is not a dangerous wild animal or a wild animal, including but not limited to the following animals:
(1) 
Reptiles.
Any non-venomous reptile that is not protected from ownership by any state or federal law;
(2) 
Birds.
Any birds commonly kept as pets that are not protected from ownership by any state or federal law, or any bird kept for falconry purposes by a state and federally permitted falconer;
(3) 
Fish.
Any fish commonly kept as pets that are not protected from ownership by any state or federal law; or
(4) 
Mammals.
Including but not limited to any mammal commonly kept as pets, including dogs, cats, ferrets, rabbits, guinea pigs, hamsters, hedgehogs, rats, mice, chinchillas, and sugar gliders.
Public nuisance.
The conduct of any owner in allowing an animal to:
(1) 
Engage in conduct which establishes such animal as a “dangerous animal”;
(2) 
Damage, soil, defile or defecate on private property other than the owner’s or on public property, unless such waste is immediately removed and properly disposed of by the owner of the animal;
(3) 
Be “at large” (excluding registered cats);
(4) 
Cause a disturbance by excessive barking or noise-making near the private residence of another;
(5) 
Produce odors or unclean conditions sufficient to offend a person of normal sensibilities standing [sic] or which creates a condition conducive to the breeding of flies or other pests;
(6) 
Chase vehicles, or molest, attack or interfere with other animals or persons, or is at large on public or private property; or
(7) 
Create a condition that is dangerous to human life or health; that renders the ground, the water, the air or the food a hazard or injurious to human life or health or that is offensive to the senses; or that is detrimental to the public health.
Quarantine.
To take into custody, place in confinement, and isolate from human beings and other animals. The quarantine period for a dog, cat, or domestic ferret for rabies observation is ten days or 240 hours from the date and time of the bite, scratch or other exposure, or as recommended by the regional veterinarian from the department of state health services.
Rabies control authority.
The animal control officer.
Registration.
A rabies certificate issued by a licensed veterinarian and an identification tag recognized by the animal control officer from an approved issuing agent.
Restraint.
To control an animal by physical means so that it remains on the premises of the owner, or, when off the owner’s premises, by means of a cage, or leash or rope under the direct control of a person of sufficient strength to control the animal.
Sterilized.
Any animal, male or female, rendered incapable of breeding or being bred.
Tether.
To chain, tie, fasten or otherwise secure an animal to a fixed point so that it can move or range only within certain limits.
Vaccination.
The inoculation of an animal with a rabies vaccine that is licensed by the United States Department of Agriculture for use in that species and which is administered according to the label’s directions by a veterinarian for the purpose of immunizing the animal against rabies.
Veterinary hospital.
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
Wild animal.
See “Dangerous wild animal.”
(1994 Code, sec. 90.01; Ordinance 2011-39 adopted 11/28/11)
(a) 
The fees for registration, permits, impoundment and adoption shall be as set forth in the fee schedule in appendix A of this code.
(b) 
Citations may be issued for failure to pay applicable fees.
(1994 Code, sec. 90.02; Ordinance 2011-39 adopted 11/28/11; Ordinance 2013-30 adopted 8/27/13; Ordinance adopting 2016 Code)
It shall be the duty of the animal control department to keep or cause to be kept accurate and detailed records of:
(1) 
Impoundment and disposition of all animals coming into custody;
(2) 
All bite cases reported to it and its investigation of same;
(3) 
All complaints received. Any person reporting an unvaccinated dog or cat, a dog or cat running at large in violation of this chapter or an animal declared to be a nuisance under this chapter or reporting any other violation of this chapter shall sign a sworn complaint setting out fully the facts on which the complaint is based and the sworn complaint shall be maintained in the records of the animal control department.
(4) 
Monies received. Records shall be kept of all monies received under this chapter and shall be open to inspection at reasonable times by persons responsible for similar records of the city and shall be audited by the city auditor in the same manner as other city records which are audited.
(1994 Code, sec. 90.25; Ordinance 2011-39 adopted 11/28/11)
It shall be a violation for any person who owns, harbors, or possesses an animal that requires a permit, or for any holder of a special use permit, to refuse, upon request by the department, to make his/her animal(s), premises, facilities, equipment, and any necessary registration(s) or permit(s) available for inspection for the purpose of ascertaining compliance with the provisions of this chapter.
(1994 Code, sec. 90.03; Ordinance 2011-39 adopted 11/28/11)
(a) 
Any animal that is found to be in violation of this chapter may be impounded by the animal control officer. Additionally, any person or owner who violates or fails to comply with any portion of this chapter may receive a notice of violation from the animal control officer and shall be deemed guilty of a class C misdemeanor and may be fined in an amount in accordance with the general penalty provided in section 1.01.009 of this code for each animal in violation. Each day of violation of this chapter shall constitute a separate offense.
(b) 
The animal control officer shall have the authority to issue citations for any violation of this chapter and any other power or duty stated within the terms of this chapter. If the person being cited is not present, the animal control officer may send the notice of violation to the alleged offender by registered or certified mail, return receipt requested, by depositing the same in the U.S. mail, postage prepaid.
(c) 
It shall be unlawful for any person to knowingly prevent, interfere with, or obstruct the animal control officer in the performance of their duties. It shall be unlawful for any person to fail to comply with any lawful order of the local rabies control authority officer or any animal control officer of the city.
(d) 
The local rabies control authority officer, any animal control officer, or any peace officer is authorized to, including but not limited to:
(1) 
Humanely euthanize an animal which poses an imminent danger to a person or property or when a real or apparent immediate necessity exists for the destruction of an animal.
(2) 
Impound an animal which is diseased or endangers the health of a person or another animal.
(3) 
Impound any animal found to be running at large within the city.
(4) 
Humanely euthanize an impounded animal if the animal is suffering from injury, disease, or illness.
(5) 
Humanely euthanize any animal suspected of having rabies, or which animal manifests a disposition to bite, when such animal(s) is found at large, after having made a reasonable but unsuccessful effort to capture the animal.
(6) 
Humanely euthanize any impounded dangerous animal immediately upon impoundment, unless there is reason to believe that it has an owner.
(7) 
Humanely euthanize any wild animal immediately upon impoundment, so long as such act does not violate state of federal laws.
(8) 
Humanely euthanize any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, to prevent further suffering.
(9) 
Humanely euthanize an animal when an owner no longer wishes responsibility for an animal or believes the animal to be in an ill or injured condition upon the owner signing a waiver, supplied by the animal shelter, allowing the animal to be immediately euthanized.
(10) 
Humanely euthanize or transfer to a humane organization any impounded animal that is to be destroyed as a result of the animal being impounded for more than five days.
(e) 
In any complaint and in an action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this chapter, and the burden of proof of any such exception, excuse, proviso, or exemption shall be on the owner or defendant as an affirmative defense.
(f) 
The city shall be entitled to pursue all other criminal and civil remedies to which it is entitled to under the authority of federal, state or local law.
(g) 
No person shall interfere in any manner or give false information to the local rabies control authority, the local health director, the animal control officers and other authorized employees of the city in the performance of their duties.
(1994 Code, sec. 90.04; Ordinance 2011-39 adopted 11/28/11; Ordinance adopting 2016 Code)
(a) 
Impoundment; right of entry.
Animal control officers or other law enforcement officers shall have the power to impound animals which create an animal nuisance per se for the purpose of abating a nuisance and in cases where animal control officers have reason to believe an animal has been or is being cruelly treated, has rabies or exhibits other violations of law as follows:
(1) 
On public property, in all cases;
(2) 
On private property, if:
(A) 
The consent of the resident or property owner is obtained;
(B) 
The officer reasonably believes there is immediate and imminent danger or peril to the public if the animal in question is not impounded; or
(C) 
Authorized by appropriate courts of law.
(3) 
The officer has the right to pursue and apprehend animals running at large onto private property while enforcing the provisions of this chapter.
(b) 
Animals in immediate danger.
Any animal observed by the animal control officer or peace officer to be in immediate danger, in the agent’s or officer’s opinion, may be removed from such situation by the quickest and most reasonable means available. It shall be the responsibility of the animal’s owner to repair any damage caused by the removal of the animal from the dangerous situation by the animal control officer or peace officer.
(c) 
Abatement orders.
The animal control officer or assigned designee may order the abatement of the conditions which are not in accordance with this chapter, other applicable state or federal regulations or laws, or which otherwise constitute a nuisance. Failure to comply with the written notice constitutes grounds for the city to obtain any relief available to by law, including but not limited to relief by injunction. Additionally, failure to comply with the written notice may subject the violator to administrative proceedings and criminal charges.
(1994 Code, sec. 90.10; Ordinance 2011-39 adopted 11/28/11)
(a) 
Definition.
A continuing public nuisance is defined as a public nuisance that, after notice as described in subsection (c) to the owner of an animal(s) or person in control of an animal(s), continues unabated, as determined by the animal control officer.
(b) 
Determination by animal control officer.
The animal control officer may determine that a public nuisance exists through an investigation of any reported or perceived public nuisance, and may interview witnesses and/or conduct such hearings as he or she may determine are necessary, formally or informally. He or she shall make a determination based on the necessity to preserve the public health, safety and welfare of the community.
(c) 
Notice of public nuisance.
Upon determining that a public nuisance exists, the animal control officer shall notify the animal owner or the person in control of the animal(s). This notice shall be in writing and shall contain a statement that such person has a right to appeal. The notice shall set forth the noncompliance and order the owner to abate the public nuisance described in such notice within seven days. Notice of a public nuisance shall include, but not be limited to, written notice of the existence of a public nuisance delivered by personal service, certified mail, return receipt requested, or left at the entrance to the premises where the animal(s) is harbored. A notice that is mailed is deemed received five days after it is placed in a mail receptacle of the United States Postal Service.
(d) 
Failure to comply with notice.
If such owner fails or refuses to comply with the demand for compliance in the notice within seven days of such notice or publication, the animal control officer may order the abatement of the public nuisance by one of the following means:
(1) 
Impoundment of the animal(s) that is the source of the continuing public nuisance and the adoption of the animal(s) as provided in this chapter, except that the owner, his or her agents or representatives, or family members may not adopt the animal(s) adjudged a continuing public nuisance; or
(2) 
Impoundment and humane destruction of the animal(s) that is the source of the continuing public nuisance.
(e) 
Appeals.
An owner or person in control of the animal(s), not later than seven days after the date such person is notified that an animal is a continuing public nuisance, may appeal the determination of the animal control officer to the municipal court. Upon receiving an appeal, the municipal court shall hold a hearing at a time and place of their designation.
(f) 
Compliance after unsuccessful appeal.
The owner or person in control of the animal(s) determined to be a continuing public nuisance shall take action to abate the nuisance within 48 hours of an unsuccessful appeal. The failure to bring such animal(s) into compliance shall be an offense, and each day thereafter that such person fails to bring such animal(s) into compliance shall constitute a separate offense. If the owner or person in control of such animal(s) fails to bring such animal(s) into compliance as provided for by the municipal court following appeal, such animal(s) may be impounded and put up for adoption in accordance with subsection (d) of this section or humanely destroyed.
(g) 
Search and seizure warrant.
The animal control officer shall be authorized, after due process, to obtain a search and seizure warrant for the purposes of enforcing this section.
(1994 Code, sec. 90.12; Ordinance 2011-39 adopted 11/28/11)
(a) 
Animals shall be cared for, treated, maintained, and transported in a humane manner and not in violation of any provision of law, including federal, state, and local laws, ordinances, and administrative rules.
(b) 
In addition, a person commits an offense if:
(1) 
A person other than a licensed veterinarian docks an animal’s tail or removes dew claws of a puppy over five days of age, or crops an animal’s ears of any age;
(2) 
A person physically removes from its mother by selling, giving away, delivering, trading, or bartering any dog, cat, ferret, or rabbit less than six weeks old or any other animal that is not yet weaned, except as advised by a licensed veterinarian;
(3) 
A person dyes or colors chicks, ducks or rabbits;
(4) 
A person abandons or dumps any animal;
(5) 
A person who is in control of a motor vehicle that strikes a domestic animal fails to report the accident to the city animal control officer as soon as possible;
(6) 
A person overdrives, overloads, drives when overloaded, or overworks any animal;
(7) 
A person tortures, cruelly beats, mutilates, clubs, or by any other means needlessly kills or injures any animal, wild or owned, within the limits of the city;
(8) 
A person forces, allows, or permits any animal to remain in its own filth;
(9) 
A person keeps, shelters, or harbors any animal having a potentially life-threatening infestation of ticks, fleas, or other parasites, any other obvious life-threatening illness, or injury, or any other communicable illness transmissible to animal or human, without having sought and obtained proper treatment from a licensed veterinarian for such infestation or illness;
(10) 
A person causes an animal to fight another animal or person;
(11) 
A person fails to provide, at all times, his or her animal with adequate wholesome food and potable water, proper shelter and protection from inclement weather, and veterinary care when needed to prevent suffering;
(12) 
A person, firm or corporation shall raise or kill a dog or cat for the skin or fur;
(13) 
A person, firm or corporation shall mutilate any animal, whether such animal is dead or alive (medical or veterinary medical research, medical or veterinary medical necropsy, and biology class use of animals shall not be considered mutilation);
(14) 
A person, firm or corporation attaches a collar or harness to an animal that is of an inadequate size so that it restricts the animal’s growth or causes damage to the animal’s skin;
(15) 
A person who owns or is in control of an animal permits such animal to be at large within the city;
(16) 
A person who creates, maintains, permits or causes a public nuisance, as defined in this chapter; or
(17) 
A person owns, keeps, harbors, or possesses horses, cattle, or other livestock in any manner that is a violation of this chapter.
(c) 
The animal control officer shall utilize the authority granted by federal, state and local laws to lawfully seize and impound any animal if the investigating animal control officer or police officer has reason to believe that an animal has been or is being cruelly treated, pending a hearing before the municipal court judge on the issues of cruelty and disposition of the animal. Seizure of the subject animal prior to receiving a warrant is hereby authorized if such a delay endangers the life or well-being of the animal, or if it would unreasonably prolong the suffering of the animal needing immediate attention.
(d) 
This section shall not be interpreted to restrict the extermination of rats, mice, insects, other vermin, or any such animal deemed a nuisance by state law, through the use of traps, poisons, or other commercially available means, when used in accordance with the manufacturer’s directions, as long as reasonable precautions are taken to ensure that no human, pet, or wild animal, other than the targeted species, comes into contact with the traps, poisons, or other means and that such use does not violate any other section of this chapter.
(e) 
This section shall not be interpreted to restrict rodeos, livestock shows and livestock show associations, livestock auctions, or the activities and operations of 4H clubs, FFA chapters, and agricultural science classes.
(1994 Code , sec. 90.07; Ordinance 2011-39 adopted 11/28/11)
A person having charge or custody of an animal shall not place or confine such animal or allow such animal to be placed or confined in a motor vehicle or trailer under such conditions or for such a period of time as may endanger the health of the animal due to heat, lack of food or water, or such other circumstances as may cause injury or death of the animal. Animal control officers finding an animal being held in violation of this provision may cite the owner for violating this section, obtain a search warrant pursuant to state or federal law, and/or use reasonable force to remove an animal from a vehicle whenever it appears the animal’s health or safety is or soon will be endangered, and said neglected or endangered animal shall be impounded and held pending a hearing. It shall be the responsibility of the animal’s owner to repair any damage caused by the removal of the animal from the dangerous situation by the animal control officer or peace officer.
(1994 Code, sec. 90.08; Ordinance 2011-39 adopted 11/28/11)
It shall be unlawful for any person to tie or tether a dog or other animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian as determined by the animal control officer. The terms “unhealthy situation” and “potentially dangerous situation” shall include but not be limited to the following:
(1) 
To tether any animal in such a manner as to permit the animal access upon any public right-of-way;
(2) 
To tether any animal in such a manner as to cause the animal injury or pain or not to permit the animal to reach shelter, food and/or water or otherwise create an unsafe or unhealthy situation;
(3) 
To tether any animal in such as manner as to permit the animal to leave the owner’s property;
(4) 
To tether any animal in an area that is not properly fenced so as to prevent any person or child from entering the area occupied by said animal;
(5) 
To tether any pet animal in a manner whereby the animal is subject to harassment, stings or bites from outdoor insects, or attacks by other animals;
(6) 
To tether any pet animal with a tether that is less than ten feet in length;
(7) 
To tether any animal with a tether that is not equipped with swivel ends;
(8) 
To tether any animal in such a manner that does not prevent the animal from becoming entangled with any obstruction, from partially or totally jumping any fence, or from leaving part of its owner’s property;
(9) 
To fail to remove waste from the tethered area on a daily basis;
(10) 
To tether any animal without using a properly fitted collar or harness;
(11) 
To use choke-type collars to tether any animal; or
(12) 
To use a tether that weighs more than one-fifth of the animal’s body weight.
(1994 Code, sec. 90.09; Ordinance 2011-39 adopted 11/28/11)
(a) 
An owner, harborer, or other person in possession of a dog commits an offense if he or she knowingly permits, or by insufficient control allows, the dog to defecate in the city on private or public property and fails to remove and dispose of any excreta the dog deposits.
(b) 
An owner, harborer, or other person in possession of a dog commits an offense if he or she fails to have in his or her possession materials or implements that, either alone or in combination with each other, can be used to immediately and in a sanitary and lawful manner both remove and dispose of any excreta the dog may deposit on the property.
(c) 
It is an affirmative defense to prosecution under subsection (a) or (b) that:
(1) 
The property was owned, leased, or controlled by the owner, harborer, or person in possession of the dog at the time it defecated;
(2) 
The dog was specifically trained to assist a person with a disability and was in possession of that disabled person at the time it defecated or was otherwise present on the property;
(3) 
The owner of the property or person in control of the property had given prior consent for the dog to defecate on the property; or
(4) 
The dog is a police canine being used in official law enforcement activities.
(1994 Code, sec. 90.11; Ordinance 2011-39 adopted 11/28/11)
(a) 
Except as provided by this section, no residence within the city shall harbor more than four adult dogs, and four adult cats, over the age of 16 weeks. No residence within the city shall harbor more than one litter of puppies and one litter of kittens.
(b) 
Any persons desiring to keep more than four adult dogs, four adult cats, or more than one litter of puppies or kittens at premises occupied by them may apply with the animal control officer for a kennel permit. The applicant shall pay an application fee at the time of filing. The applicant shall be subject to all provisions of the city zoning ordinance.
(c) 
The city building official is authorized to issue such a permit under the following conditions: A permit may be issued after an inspection of the premises to determine compliance with the animal services regulations. A permit shall not be issued if it is found that the animals cannot be maintained without creating noise or odor nuisances, otherwise being detrimental to the public health, safety and welfare, or in a healthy or sanitary environment.
(d) 
Such permit may be revoked by the city building official for cause, including but not limited to violations of the provisions of this chapter or the inability of the permit holder to keep the animals without creating noise or odor nuisances, otherwise being detrimental to the public health, safety and welfare, or in a healthy or sanitary environment.
(e) 
All kennel permits issued under this section shall be valid indefinitely, unless the city building official revokes the permit. When issued, the permit shall remain the sole property of the city and shall be valid only as to the applicant and location for which it was originally issued. The permit may not be sold or transferred, voluntarily or involuntarily, to any other person or entity.
(f) 
Any person either denied a kennel permit, or who has had their permit revoked, may file an appeal with the city manager. Such appeal must be made in writing within ten days of receiving written notice from the city building official of the permit denial or revocation. If no appeal request is made within the ten-day period, the denial or revocation of the permit becomes final. Upon receiving an appeal, the city manager shall hold a hearing at a time and place of their designation. Based upon such hearing, the city manager shall make a final finding.
(1994 Code, sec. 90.15; Ordinance 2011-39 adopted 11/28/11)
(a) 
Feeding on public property.
It shall be unlawful for any person to feed, whether by leaving food for or otherwise, any cat on public property, including, without limitation, on any property owned in fee simple or controlled by the city as an easement or public right-of-way.
(b) 
Feeding on private property.
It shall be unlawful for any person, other than the owner of the property, to feed, whether by leaving food for or otherwise, any cat on private property without the consent of the owner of the property.
(c) 
Exception.
It shall be an affirmative defense to prosecution under subsection (a) of this section that the person feeding a cat on public property is only placing food within a working trap that has been placed on public property with the written permission of the city manager.
(1994 Code, sec. 90.15A; Ordinance 2014-25 adopted 5/30/14)
(a) 
It shall be unlawful for any person to park or leave standing any truck, trailer, or other vehicle that has been used for the hauling of livestock, animals or fowl in a residential area of the city when notified by a city enforcement officer that such vehicle is creating a nuisance due to odors, gases or fumes. Upon such notification, the owner, operator, driver or other person responsible for such vehicle shall move such vehicle to a location outside of any residential area of the city.
(b) 
All manure and other excrement shall be disposed of in such a manner as to prevent it from becoming offensive to other persons living nearby.
(1994 Code, sec. 90.21; Ordinance 2011-39 adopted 11/28/11)
(a) 
It shall be unlawful for any person to place or place and bait or to permit the placing or placing and baiting of any trap designed for trapping animals in any highway, street, alley or other public place within the corporate limits of the city unless specific permission by the animal control officer has been granted. However, nothing in this chapter shall prohibit an animal control officer from placing such traps on public or private property as may be necessary to capture animals running at large.
(b) 
It shall be unlawful for any person to remove, alter, damage, or otherwise tamper with a trap or equipment belonging to or set out by the animal control officer.
(c) 
Residents wishing to trap unwanted animals on personal private property may do so with the use of humane cage traps. Any trapping program must have prior written approval of the land manager or owner, and written notification of activities to the animal control officer.
(d) 
It shall be unlawful for any person to place or place and bait or to permit the placing or placing and baiting of any steel-jawed trap (commonly known as a “bear trap,” “wolf trap,” “leg hold trap,” or “coyote trap”) within the corporate limits of the city.
(e) 
No person shall place any substance or article that has in any manner been treated with any poisonous substance in any place accessible to human beings, birds, dogs, cats or other animals with the intent to kill or harm animals. This shall include anti-freeze purposely left exposed to poison animals. This section, however, does not preclude the use of commercially sold poisons, when applied in accordance with the manufacturer’s directions for such use, in that person’s residence, accessory structure or commercial establishment for the elimination of vermin, provided that such use does not violate any other section of this chapter.
(1994 Code, sec. 90.24; Ordinance 2011-39 adopted 11/28/11)