This chapter is known and may be cited as the animal control ordinance.
(Ordinance 374, sec. 3.67, adopted 5/27/08)
For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires otherwise:
Animal.
Any live or dead animal, domesticated or wild.
Animal nuisance.
Any animal running at large within the city, or any animal destroying public or private property of another, or any animal littering garbage or excrement on public or private property of another, or any animal that emits or creates loud noises at the quiet times of the night, or any animal that otherwise offends the health, peace or dignity of the city.
Animal shelter.
A nonprofit organization, such as the Animal Defense League or Wildlife Rescue and Rehabilitation, Inc., that is capable of receiving and providing approved shelter and medical treatment, food, water, and other necessities of a humane life for stray, unowned, wild, or homeless animals.
Animal control officer.
The local health authority for the purpose of this chapter employed by the city either full- or part-time, who is responsible for carrying out the terms and provisions of this chapter in conjunction with the sheriff’s department.
Cat.
Any live or dead cat (Felis catus).
City veterinarian.
A veterinarian licensed by the state to practice veterinary medicine who is retained by the council for the purpose of this chapter and who is authorized to receive, shelter, treat, euthanize, and otherwise attend and observe animals given into his care by the animal control officer, sheriff or his deputies, or other authorized person.
Currently vaccinated.
Vaccinated and satisfying the following criteria:
(1) 
The animal must have been at least three months of age at the time of vaccination.
(2) 
At least 30 days have elapsed since the initial vaccination.
(3) 
Not more than 12 months have elapsed since the most recent vaccination.
Dog.
Any live or dead dog (Canis familiaris).
Domestic animal.
Those animals that are naturally tame and gentle or which, by long association with man, have become thoroughly domesticated and are now reduced to such a state of subjection to his will that they no longer possess the disposition or inclination to escape. This definition specifically includes household pets, such as dogs and cats.
Estray.
Any stray horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jennet, hog, sheep, goat, or head of any species of cattle.
Guard dog.
Any dog trained or used to protect persons, premises, or property by attacking or threatening to attack any person found within the area patrolled by the dog.
Housing facility.
Any room, building or area used to contain a primary enclosure or enclosures.
Impounded.
The strict confinement under restraint by a primary enclosure at the city housing facility for a period of five days.
Kennel.
Any business of breeding, buying, selling, boarding or training of dogs or cats or any other animal, or the owning, keeping, or harboring on any premises within the city of more than four adult dogs or cats or any combination of the two species exceeding a total of four; providing, however, that litters of puppies or kittens may be kept until they reach an age of four months, at which time they become adults for the purpose of this chapter.
Local health authority.
Any person designated by the city council.
Observation period.
The ten days following a bite incident during which the biting animal’s health status must be monitored.
Other animal.
A goose, chicken, duck, rabbit, guinea, pigeon, bird, fowl, or any other animal of domestic barnyard variety not listed as a wild animal, domestic animal, or estray.
Owner.
Any person or persons, firm, association, or corporation owning, keeping, harboring, or feeding any animal on his premises or premises under his control.
Primary enclosure.
Any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch.
Quarantine.
The strict confinement under restraint by a primary enclosure at an approved housing facility.
Rabies.
An acute viral disease of man and animals affecting the central nervous system and usually transmitted by an animal bite.
Running at large.
An animal that is free to roam at will without any restraints such as a room, pen, run, cage, compartment, hutch, fence, or leash.
Stray.
Any animal running free with no physical restraint such as a leash or fenced enclosure.
Swine.
Any of various omnivorous ungulates of the family Suidae, including hogs.
Unknown animal.
Any animal for which an owner has not been identified.
Vaccinated.
Properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture.
Vicious animal.
Any dog or cat or other animal that has bitten, or attempted to bite, or attacked, or attempted to attack, or severely alarmed, any person in a vicious manner.
Wild animal.
Any mammal except the common domestic species (dogs, cats, horses, cattle, swine, sheep, and goats), regardless of state or duration of captivity.
Wild state.
Living in its original, natural conditional [condition;] not domesticated.
Wildlife.
Animals living in a wild state.
(2002 Code, sec. 3.01; Ordinance 374, sec. 3.68, adopted 5/27/08; Ordinance adopting Code)
(a) 
This chapter is adopted pursuant to V.T.C.A., Health and Safety Code, chapter 826.
(b) 
The rules adopted by the state board of health pursuant to V.T.C.A., Health and Safety Code, section 826.011 are hereby adopted and made a part of this chapter.
(Ordinance 374, sec. 3.66, adopted 5/27/08)
(a) 
It shall be unlawful for any person, firm, corporation or business to keep or harbor or otherwise possess any wild animal, exotic or dangerous animal or vicious animal within the city, except that a traveling circus, animal show, or other similar special event may be allowed by special permit to temporarily keep such animals provided that they are safely kept under competent and sanitary supervision as determined by the city animal control officer.
(b) 
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 374, sec. 3.69, adopted 5/27/08; Ordinance adopting Code)
(a) 
It shall be unlawful for any person, firm, business, corporation, or partnership to keep or harbor any dog, cat or other animal deemed to be vicious within the city. This section is not intended, however, to prohibit the keeping of guard dogs, provided that said guard dogs are maintained under constant control of their owners by means of adequate fencing, leash, or other primary enclosure, and provided further that sufficient notice and warning is posted on the premises.
(b) 
Any dog, cat or other animal found running at large and attacking or attempting to attack or bite any person in a vicious manner, and that person is in immediate jeopardy of injury from such an attack or attempted attack or bite, the city animal control officer or sheriff or his deputies may immediately and summarily destroy said dog, cat or other animal.
(c) 
The city animal control officer in certain circumstances and with proper justification may order a vicious dog or cat to be kept muzzled at all times to protect the public, and failure to comply with such order is deemed a violation of this chapter.
(d) 
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 374, sec. 3.70, adopted 5/27/08; Ordinance adopting Code)
(a) 
An owner may not leave a dog outside and unattended by use of restraint that unreasonably limits a dog’s movement:
(1) 
Between the hours of 10:00 p.m. and 6:00 a.m.;
(2) 
Within 500 feet of the premises of a school; or
(3) 
In the case of extreme weather conditions, including conditions in which:
(A) 
The actual or effective outdoor temperature is below 32 degrees Fahrenheit;
(B) 
A heat advisory has been issued by a local authority or jurisdiction; or
(C) 
A hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.
(b) 
In this section, a restraint unreasonably limits a dog’s movement if the restraint:
(1) 
Uses a collar that is pinch-type, or choke-type or that is not properly fitted to the dog;
(2) 
Is a length shorter than the greater of:
(A) 
Five times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail; or
(B) 
10 feet;
(3) 
Is an unsafe condition; or
(4) 
Causes injury to the dog.
(Ordinance 434 adopted 6/24/14)
It shall be unlawful for any person to intentionally abandon any dog, cat, or other animal within the city.
(Ordinance 374, sec. 3.72, adopted 5/27/08)
Common rodents, such as rats, mice, and squirrels, as well as the commonly found household pets, such as fleas, roaches, flies, and insects, are specifically excluded for the purposes of this chapter, and the control of or eradication of such animals is the responsibility of the property owner.
(Ordinance 374, sec. 3.73, adopted 5/27/08)
(a) 
It shall be unlawful for the owner or person in possession or control thereof to permit or allow any dog or cat to run at large within the city.
(b) 
The city animal control officer, his deputy, or any sheriff or his deputies, while on duty, is hereby authorized to enter upon any public place, unfenced private property, lot, tract, or parcel of land, whether in the immediate presence of the owner or custodian or otherwise, for the purpose of seizing or impounding any dog or cat running at large thereon.
(Ordinance 374, sec. 3.74, adopted 5/27/08)
(a) 
Dogs and cats running at large, whether owned, unowned, or stray, may be impounded by the city animal control officer or sheriff or his deputies.
(b) 
It shall be unlawful for any person to refuse to deliver any unlicensed or unvaccinated dog or cat upon demand for impounding, or to forcibly interfere with the city animal control officer or any of his deputies or any sheriff or his deputies in order to hinder him in the performance of his duties.
(c) 
Dogs not under constant control of their owners by means of a leash strong and sufficient enough to control their actions when outside of their normal primary enclosure may be impounded by the city animal control officer or sheriff or his deputies.
(d) 
Dogs and cats impounded by the city animal control officer or sheriff or his deputies shall be kept in the city shelter (5 days if tagged and 3 days if not tagged).
(e) 
It shall be the duty of the animal control officer to post "notice of impoundment" on the bulletin board at the city hall and on the city website for the duration of any dog or cat so impounded under this chapter and to notify its owner, if known, in writing.
(f) 
Dogs and cats impounded by the city animal control officer or sheriff or his deputies shall be released to their owners or other persons wishing to adopt the animal only after first having paid all costs of impounding, keeping, feeding and treating the animal, and providing that said dog or cat has a current vaccination for rabies control.
(g) 
Dogs and cats that remain unclaimed after three days may be disposed of under the direction of the city veterinarian or city-entered agreement for animal control services by a painless and humane method, such as euthanization, or released to an approved animal shelter, or adopted by a new owner, or sold. This section is not intended, however, to alter the power of members of the sheriff's department or city animal control, to summarily destroy any vicious dogs, pack of dogs, or cats that could prejudicated the safety of any person.
(h) 
It shall be unlawful for any person whatsoever to rescue or to intentionally turn loose any animal so impounded.
(Ordinance 374, sec. 3.75, adopted 5/27/08; Ordinance 528 adopted 9/12/2024)
It shall be unlawful for any person to keep, shelter, maintain, or harbor at his household or business more than four adult dogs or cats or any combination of the two species exceeding a total of four; providing, however, that litters of puppies or kittens may be kept until they reach an age of four months, at which time they become adults for the purpose of this chapter. In addition, any person keeping, maintaining, or harboring more than four dogs or cats on his household or business premises shall be deemed to be operating a kennel, and must then comply with all other city, county and state requirements for such operation, including permits and fees required by this chapter.
(Ordinance 374, sec. 3.76, adopted 5/27/08)
No person shall appear with a pet upon the public ways or within public places or upon the property of another, absent that person’s consent, without some means for the removal of excrement, nor shall any person fail to remove any excrement deposited by such pet. This section shall not apply to a blind person while walking his or her guide dog.
(Ordinance 374, sec. 3.77, adopted 5/27/08)
(a) 
The owner of any dog or cat within the city is hereby required to have such dog or cat vaccinated against rabies by the time it is four months of age and within each subsequent 12-month interval thereafter.
(b) 
A veterinarian who vaccinates a dog or cat against rabies as required by this section shall issue to the owner of the animal a vaccination certificate in a form which meets the minimum standards of the rules of the state board of health adopted in section 2.01.003(b) of this chapter.
(c) 
The city secretary or his deputy shall not register or issue any animal permit without sufficient proof that said animal is currently vaccinated against rabies as evidenced by a vaccination certificate.
(d) 
To prevent improper vaccination of animals against rabies and the accidental exposure of humans to rabies, modified live virus rabies vaccine for animals shall be administered only by or under the direct supervision of a veterinarian who is licensed to practice in this state.
(Ordinance 374, sec. 3.81, adopted 5/27/08)
(a) 
Required.
It shall be unlawful for any person to own, keep, or harbor any dog or cat more than four months of age within the city without first registering said animal with the city and obtaining a valid permit and tag for such dog or cat.
(b) 
Issuance of permit and tag.
Upon application of the animal owner and submission of sufficient proof that the animal has a current vaccination against rabies and after payment of the required fees, the city secretary or his deputy shall issue to such owner a permit and correspondingly numbered tag for such dog or cat.
(c) 
Proof of registration; wearing of tag.
Such permit shall be retained by the animal owner as proof of registration and such tag shall be affixed to the animal’s collar and remain there throughout the year.
(d) 
Period of validity.
Such permits and tags shall be valid from the date of issue through March 31 of each year, unless revoked sooner for cause. No such permits and tags shall be valid for a period longer than 12 months.
(e) 
Revocation or denial of permit and tag.
Such permits and tags may be revoked, or approval for renewal may be denied, for any of the following reasons:
(1) 
Refusal to admit the city animal control officer or sheriff or his deputies onto the premises for inspections or to investigate a complaint on the premises wherein a violation is suspected;
(2) 
Failure to exercise proper care and control of an animal in repeated instances of barking, running at large, attacking other animals or humans, or other nuisances;
(3) 
Failure to keep premises sanitary and reasonably clean and free of excrement and free of any offensive odors due to animal keeping;
(4) 
Cruelty to an animal, failure to feed, water, or properly shelter an animal, or beating, tormenting, or otherwise abusing an animal; or
(5) 
Intentionally abandoning an animal.
(f) 
Exceptions.
Dogs and cats owned by and belonging to persons in transit who do not or will not reside within the city for more than 30 consecutive days shall be exempt from the registration, permit, and fee requirements, but shall be required to comply with all other applicable provisions of this chapter.
(g) 
Removing collar or tag.
It shall be unlawful for any person to intentionally remove from a dog or cat its collar or numbered tag.
(h) 
Attaching tag to other animal.
It shall be unlawful for any person to intentionally attach a numbered tag to a dog or cat other than the dog or cat for which said numbered tag was issued.
(i) 
Records.
The city secretary shall maintain such records of permits and tags issued so as to assure that the dog or cat owner can be located from the animal’s numbered tag.
(Ordinance 374, sec. 3.82, adopted 5/27/08)
(a) 
Required.
It shall be unlawful for any person, firm, partnership, business or corporation to operate a kennel, pet shop, or pet grooming shop within the city without first obtaining a valid permit for such operation.
(b) 
Issuance.
Upon written application and after payment of required fees, the city secretary or his deputy shall issue to such applicant a permit covering all animals handled by said kennel, pet shop, or pet grooming shop.
(c) 
Expiration.
Such permits shall be valid throughout the calendar year issued, unless revoked sooner for cause, and shall expire on December 31 of the year of issue.
(d) 
Renewal.
Such permit shall be renewable annually not later than January 31 of each succeeding year after payment of required fees.
(e) 
Revocation or denial.
Such permits may be revoked, or approval for renewal may be denied, for any of the following reasons:
(1) 
Refusal to admit the city animal control officer or sheriff or his deputies onto the premises for inspections or to investigate a complaint on the premises wherein a violation is suspected;
(2) 
Failure to exercise proper care and control of an animal in its care and custody;
(3) 
Failure to keep the premises sanitary and reasonably clean and free of excrement and free of any offensive odors due to animal keeping;
(4) 
Cruelty to an animal, failure to feed, water or properly shelter an animal, or beating, tormenting, or otherwise abusing an animal.
(f) 
Exemptions.
Veterinary hospitals, approved animal shelters, and the city animal control facility shall be exempt from the permit and fee requirements, but shall comply with all other applicable provisions of this chapter.
(Ordinance 374, sec. 3.83, adopted 5/27/08)
It shall be unlawful for any person to leave a horse or horses, or mule or mules, unhitched or loose upon the streets or alleys of the city, provided that said animals are not hitched to or fastened to any vehicle.
(2002 Code, sec. 10.18)
All dead animals to be disposed of at the dump ground owned by the city shall be buried by the owner thereof, or his agent or employee or representative, in the ground, and covered with a dirt covering of not less than two feet, within eight hours from the time the animal is removed to said premises. Any person who shall fail to bury dead animals disposed of at the dump ground owned by the city shall be fined the maximum allowable by state statute.
(2002 Code, sec. 3.12)
Any person or persons who deposit or bury any dead animal, or parts thereof, within the city limits, shall be fined.
(2002 Code, sec. 3.13)