It shall be unlawful for any animal to be at large as is defined in section
6-1. Any animal confined within an automobile or other vehicle of its owner shall not be deemed at large.
[Ord. No. 810-97, § 3, 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
(a) Animal
nuisances defined; declared unlawful.
The following shall
be considered public nuisances and shall be unlawful:
(1) The
keeping of any animal, which causes frequent or long continued odor
or stench that is offensive to a person of normal sensibilities on
adjoining, adjacent, or neighboring premises.
(2) The
keeping of any animal in such a manner as to:
a. Endanger
the public health;
b. Annoy
the neighbors by the accumulation of animal wastes which cause foul
and offensive odors, or are considered to be a hazard to any other
animal or human being; or
c. Allow
continued presence on the premises of another.
(3) Animal
pens, stables or enclosures in which any animal may be kept or confined
which, from use, have become offensive to a person of ordinary sensibilities.
(4) The
keeping of bees in such a manner as to deny the lawful use of adjacent
property or endanger personal health and welfare.
(5) The
keeping or harboring on any premises, or in or about any premises
any animal, which by loud or unusual noises shall cause the peace
or quiet of the neighborhood or the occupants of adjacent premises
to be disturbed so that it is offensive to a person of ordinary sensibilities.
(6) Any
person in control of an animal, to allow such animal to defecate on
any private or public property, other than that of the owner, and
not immediately remove such defecation.
(b) Remedial
requirements for the owner of a nuisance animal.
Any of the remedial requirements described in section
6-2 may be imposed on the owner of any animal found to be kept in violation of this section if the remedial requirement is reasonably necessary to prevent further violation of this section.
[Ord. No. 810-97, § 8, 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
(a) Unlawful to sell, barter, or give away fowl under three weeks old and rabbits under two months old. Except as provided by subsection
(c), it shall be unlawful for any person to sell, offer for sale, barter, or give away as toys, premiums or novelties:
(2) Ducklings
or other fowl under three weeks old; or
(3) Rabbits
under two months old.
(b) Unlawful
to sell or give away colored, dyed or stained fowl or rabbits. It
shall be unlawful to color, dye, stain, or otherwise change the natural
color of any chickens, ducklings, other fowl, or rabbits, or to possess
for the purpose of sale or to be given away any of the above animals
which have been so colored.
(c) Exception.
It is not unlawful for a person to sell, offer for sale, barter, or give away animals as described in subsections
(a) and
(b) if the person is selling the animals for educational purposes to an educational organization.
[Ord. No. 810-97, § 9, 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
(a) Unlawful
to keep or possess in the city.
It shall be unlawful
to possess, to keep, or to have care, custody or control of a wild
animal or wildlife within the city. All persons, including commercial
animal enterprises, shall be prohibited from selling, giving away,
transferring, or importing into the city any wild animal. Any wild
animal found at large may be destroyed in the interest of public safety.
(b) Exceptions.
This section shall not apply to:
(1) A
county, municipality, or agency of the state or an agency of the United
States or an agent or official of a county, municipality, or agency
acting in an official capacity;
(2) A
research facility, as that term is defined by Section 2(e), Animal
Welfare Act (7 U.S.C. Section 2132), and its subsequent amendments,
that is licensed by the Secretary of Agriculture of the United States
under that Act;
(3) An
organization that is an accredited member of the association of zoos
and aquariums;
(4) An
injured, infirm, orphaned, or abandoned dangerous wild animal while
being transported for care or treatment;
(5) An
injured, infirm, orphaned, or abandoned dangerous wild animal while
being rehabilitated, treated, or cared for by a licensed veterinarian,
an incorporated humane society or animal shelter, or a person who
holds a rehabilitation permit issued under V.T.C.A., Parks and Wildlife
Code ch. 43, subch. C;
(6) A
dangerous wild animal owned by and in the custody and control of a
transient circus company that is not based in this state if:
a. The
animal is used as an integral part of the circus performances; and
b. The
animal is kept within this state only during the time the circus is
performing in this state or for a period not to exceed 30 days while
the circus is performing outside the United States.
(7) A
dangerous wild animal while in the temporary custody or control of
a television or motion picture production company during the filming
of a television or motion picture production in this state;
(8) A
dangerous wild animal owned by and in the possession, custody, or
control of a college or university solely as a mascot for the college
or university;
(9) A
dangerous wild animal while being transported in interstate commerce
through the state in compliance with the Animal Welfare Act (7 U.S.C.
Section 2131 et seq.) and its subsequent amendments and the regulations
adopted under that Act;
(10) A nonhuman primate owned by and in the control and custody of a person
whose only business is supplying nonhuman primates directly and exclusively
to biomedical research facilities and who holds a Class "A" or Class
"B" dealer's license issued by the Secretary of Agriculture of the
United States under the Animal Welfare Act (7 U.S.C. Section 2131
et seq.) and its subsequent amendments;
(11) A dangerous wild animal that is:
a. Owned
by or in the possession, control, or custody of a person who is a
participant in a species survival plan of the association of zoos
and aquariums for that species; and
b. An
integral part of that species survival plan.
(12) An animal being transported through the city to a point outside the
city; and
(13) A service animal as defined by the Americans with Disabilities Act
(ADA).
[Ord. No. 810-97, § 10, 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
(a) Generally.
The owner or person in possession of animals shall keep yards,
pens, and enclosures in which such animals are confined free of odors
offensive to persons of ordinary sensibilities residing in the vicinity.
Such pens and enclosures shall be kept clean to prevent the breeding
or attracting of flies, mosquitoes, or other noxious insects, and
shall not in any manner endanger the public health or safety, or create
a public nuisance.
(b) Sanitary
regulations for initial pens or enclosures.
All persons
keeping such animals shall comply with the following sanitary regulations:
(1) Manure
and droppings shall be removed from pens, stables, yards, cages and
other enclosures at least twice weekly and handled or disposed of
in such a manner as to keep the premises free of any nuisance;
(2) Mound
storage of droppings or manure between such removals shall be permitted
only under such conditions as to protect against the breeding of flies
and to prevent the migration of fly larvae (maggots) into surrounding
soil;
(3) The
feeding of vegetables, meat scraps, or garbage shall be done only
in impervious containers or on an impervious platform;
(4) Watering
troughs or tanks shall be provided which shall be equipped with adequate
facilities for draining the overflow so as to prevent the breeding
of flies, mosquitoes, or other insects; and
(5) No
putrescible material shall be allowed to accumulate on the premises,
and all such material used to feed which is unconsumed shall be removed
and disposed of by burial or other sanitary means.
[Ord. No. 810-97, § 14, 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
The requirements in sections
6-77 through
6-83 are established as regulations for pet and animal care and not intended to contravene the provisions for animal cruelty as contained in the state penal code.
[Ord. No. 810-97, § 15, 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
(a) Unlawful
not to provide for adequate and humane care and shelter for animals.
No owner shall fail to provide his animals with proper nutrition,
wind and moisture-proof shelter, shade, veterinary care when needed
to prevent suffering, and with humane care and treatment.
(b) Abusing
animals prohibited.
No person shall beat, treat cruelly,
torment, overload, overwork, or otherwise abuse an animal.
(c) Instigating
animal fights prohibited.
No person shall cause, instigate,
or permit any dogfight, cockfight, bullfight, or other combat between
animals or between animals and humans.
(d) Abandoning
animals prohibited.
No owner of an animal shall abandon
such animal.
[Ord. No. 810-97, § 15(A)—(C), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
No person shall crop ears, dock tails or spay or neuter an animal
unless the procedures is performed by a licensed veterinarian.
[Ord. No. 810-97, § 15(D), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
Any person who, as the operator of a motor vehicle, strikes
a pet or domestic animal shall stop at once and render such assistance
as may be possible and shall immediately report such injury or death
to the appropriate local law enforcement agency.
[Ord. No. 810-97, § 15(E), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
(a) A person
commits an offense if he uses a rope, tether, leash, coated cable,
or other device to attach a dog to a stationary object or trolley
system. This section does not prohibit a person from walking a dog
with a hand-held leash.
(b) It is
a defense to prosecution under this section that:
(1) The
dog is being tethered during a lawful animal event, veterinary treatment,
grooming, training, or law enforcement activity;
(2) The
dog tethering is required to protect the safety or welfare of a person
or the dog, and the dog's owner maintains direct physical control
of the dog;
(3) The
dog tethering is due to an emergency situation and the dog is tethered
for less than one hour within a 24-hour period; or
(4) The
dog tethering:
a. Occurs
while the dog is within the owner's direct physical control; and
b. Prevents
the dog from advancing to the edge of any public right-of-way.
(c) The defenses
under this section are only available if the following specifications
are met:
(1) The
rope, tether, leash, coated cable, or other device is attached to
a properly fitted collar or harness worn by the dog;
(2) The
rope, tether, leash, coated cable, or other device is not placed directly
around the dog's neck;
(3) The
rope, tether, leash, coated cable, or other device does not exceed
one-twentieth of the dog's body weight;
(4) The
rope, tether, leash, coated cable, or other device, by design and
placement allows the dog a reasonable and unobstructed range of motion
without entanglement; and
(5) The
dog has access to adequate shelter and clean and wholesome water.
[Ord. No. 810-97, § 15(F), 1-28-1997; Ord. No. 1119-08, § 3, 7-8-2008; Ord. No. 1440-21, § 1, 10-25-2021]
(a) A person
shall not place or confine an animal or allow an animal to be placed
or confined in a motor vehicle or in a 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 to the animal.
(b) It is
presumed that an animal's health, safety, or welfare is endangered
when the animal is confined in a parked or standing vehicle, without
the engine running or climate control system engaged, for a period
of five minutes or more when the ambient outside air temperature measures
above 80 degrees Fahrenheit or below 35 degrees Fahrenheit. It shall
be deemed prima facie evidence of a violation of this section when
the ambient outside air temperature is verified.
(c) It is
presumed that an animal's health, safety, or welfare is endangered
when the animal is confined in a trailer for a period of five minutes
or more when the ambient outside air temperature measures above 80
degrees Fahrenheit or below 35 degrees Fahrenheit. It shall be deemed
prima facie evidence of a violation of this section when the ambient
outside air temperature is verified.
(d) If an
animal services officer or police officer investigating this situation
determines the animal in question must be removed from the vehicle
immediately or risk damage or injury to the health, safety, or welfare
of the animal, the animal services officer or police officer may use
reasonable force to remove the animal from the vehicle. Appropriate
intervention shall be administered to the animal immediately, with
all associated costs being the responsibility of the person having
care or custody of the animal and who is responsible for the confinement
in the vehicle or trailer. If the animal is taken from the scene without
making contact with the person having care or custody of the animal,
a written notice shall be attached to the vehicle bearing the name
of the officer removing the animal, a telephone number where the office
can be contacted, and the location where the animal may be claimed.
(e) It shall
be the responsibility of the person having care or custody of the
animal, who placed or confined the animal in the vehicle or trailer,
to repair any damage resulting from the use of reasonable force to
intervene on behalf of the animal.
[Ord. No. 810-97, § 15(G), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
A person commits an offense if he transports or carries any
animal in a motor vehicle unless the animal is safely enclosed within
the vehicle; or if the animal is traveling in an unenclosed portion
of a vehicle, including but not limited to, a convertible, pick-up
truck, jeep, trailer or flatbed truck, the animal is safely confined
by a seatbelt, vented container, cage or other device that will prevent
the animal from strangling, falling, jumping, leaving or being thrown
from the motor vehicle or from strangling on a single leash, rope
or tether of any type.
[Ord. No. 1440-21, § 1, 10-25-2021]
No person shall expose any known poisonous substance, including
antifreeze, whether mixed with food or not, so that such poisonous
substance shall be liable to be consumed by any domestic animal or
person. This section is not intended to prohibit the proper use of
herbicides, insecticides, or rodent control materials. No person shall
expose an open trap of a metal jaw type that shall be liable to injure
any domestic animal or person, however this shall not preclude use
of humane box traps.
[Ord. No. 810-97, § 15(H), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]