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:
(1) 
Baby chickens;
(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] § 1, 10-25-2021]
[1]
Editor’s note–This Ordinance also provided for the renumbering of former § 6-82 as § 6-83.
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]