City of Big Lake, TX GENERAL PROVISIONS

Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog is being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or

Neutered or sterilization.

Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.

Dog.

All members of the canine family of either sex, including one neutered or sterilized.

Fowl.

Any bird of any kind.

Harbors or harboring.

The act of keeping or caring for an animal or of providing premises to which the animal returns for food, shelter, or care for a period of three days or more.

Humane manner.

Care of an animal, including but not limited to adequate heat, ventilation, and sanitary shelter, wholesome food and water, consistent with the normal requirements and feeding habits of the animal’s size, species, and breed.

Kennel.

An establishment kept for the purpose of breeding, selling, or boarding dogs or cats or engaged in training dogs or cats.

Licensed veterinarian.

A person licensed to practice veterinary medicine by the state board of veterinary medical examiners.

Livestock.

Any horse, mule, jack, jenny, cow, cattle, sheep, goat, rabbit, or pig or hog.

The surgical removal of the reproductive organs of a dog or cat to render the animal unable to reproduce.

New owner.

A person who is legally competent to enter into a binding contract and who is adopting a dog or cat from a releasing agency.

Nuisance.

A dog or cat, or other animal, either licensed or unlicensed, which:

Molests passersby;

Chases passing vehicles;

(3)

Is not vaccinated against rabies as required by this chapter;

(4)

Is repeatedly at large;

(5)

Turns over garbage containers;

(6)

Barks, whines, or howls in an excessive, loud, continuous fashion so as to unreasonably disturb nearby persons;

(7)

Howls, growls, or hisses in an excessive, loud, continuous fashion so as to unreasonably disturb nearby persons;

(8)

Damages, soils, defiles, or defecates on private property other than the owner’s or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner;

(9)

Causes unsanitary, dangerous, or offensive conditions:

(10)

Molests, attacks, or interferes with persons or other domestic animals; or

(11)

Is without an owner.

Owner.

A person, firm, partnership, company, association, or corporation who has, harbors, keeps or causes or permits to be harbored or kept, or has in his care, or who permits a dog, cat, or other animal on or about his premises for a period of three days or longer.

Person.

Any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.

Pet shop.

Any person, firm, partnership, corporation, or company conducting business at a properly zoned location therefor, whether operated separately or in connection with another business enterprise other than a kennel, that engages in the business of buying or selling at retail dogs or cats or other animals for profit-making purposes.

Poultry.

Domesticated birds that are normally kept for eggs or meat. “Poultry” includes, but is not limited to, chickens, turkeys, geese, ducks, and guineas.

Property.

Any object of value that a person may lawfully acquire and hold; that which may be owned, as land, a residence, a vehicle, an animal, and the like.

Quarantine.

Strict confinement of an animal specified in an order of the city council or its designee:

On the private premises of the animal’s owner or at a facility approved by the city council or its designee; and

Under restraint by closed cage or paddock or in any other manner approved by city council rule.

Rabies.

An acute viral disease of man and animal affecting the nervous system and usually transmitted by an animal bite.

Releasing agency.

A public or private animal pound, shelter, or humane organization.

Residence.

A house, apartment, room, or duplex inhabited as the principal dwelling place of a person or persons.

Residential building.

A structure or building designed, constructed, or converted for use as a residence.

Secure enclosure.

A fenced area or structure that is:

Locked;

Capable of preventing the entry of the general public, including children;

(3)

Capable of preventing the escape or release of a dog;

(4)

Clearly marked as containing a dangerous dog; and

(5)

In conformance with the requirements for enclosures established by the local animal control authority.

Stray.

Roaming with no physical restraint beyond the premises of an animal owner or keeper.

Trap.

Any device placed by an animal control officer, employed or used in the capture of animals, which is not under the constant supervision of an officer and which functions in such a manner as to confine any animal entering same.

Vaccination.

An injection of vaccine which has been approved by the United States Department of Health and Human Services.

Vicious animal.

Includes any animal, wild or domestic, which demonstrates a propensity toward the unprovoked biting or attacking of animals or humans, or which demonstrates a disposition toward savagery or ferociousness toward animals or humans or which represents a physical threat to animals or humans.

Wild animal.

Any nondomestic animal normally found in a natural habitat.

(1997 Code, sec. 90.001; Ordinance adopting Code)

§ 2.01.002 Penalties.

General penalty.

Any person who violates any of the provisions of this chapter, except such sections set forth in subsections (b) and (c) of this section, shall, upon conviction thereof, be fined in any sum not less than $10.00 nor more than $2,000.00.

Violations involving dangerous dogs.

In addition to the fine set forth in subsection (a) of this section, an offense under article 2.03 of this chapter is a class C misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a class A misdemeanor.

In addition to criminal prosecution, a person who commits an offense under article 2.03 of this chapter is liable for a civil penalty not to exceed $10,000.00. An attorney having civil jurisdiction in the county or an attorney for a municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this section shall be retained by the county or municipality.

Any person who violates any of the provisions of article 2.07 and article 2.08 of this chapter shall, upon conviction thereof, shall be fined in any sum not less than $50.00 nor more than $2,000.00.

(d)

Notwithstanding the foregoing, the $2,000.00 maximum fine hereunder shall only apply if the violation is a violation of a provision governing fire safety, zoning, or public health and sanitation, including dumping of refuse; if the provision does not govern fire safety, zoning, or public health and sanitation, including dumping of refuse, the maximum permissible fine shall be $500.00 rather than the $2,000.00; provided further, no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of this state. A separate offense shall be deemed committed on each day any violation occurs or continues.

(1997 Code, sec. 90.999)

§ 2.01.003 Nuisance animals prohibited.

Any dog or cat or other animal which meets the definition of a nuisance in section 2.01.001 of this chapter is hereby declared to be a nuisance.

Any dog or cat or other animal which is a nuisance may be picked up by the department of animal control.

Any person who owns, keeps, or harbors a dog or cat or other animal which is declared to be a nuisance shall be guilty of a misdemeanor.

(1997 Code, sec. 90.002)

§ 2.01.004 Citations.

For the purpose of enforcing this chapter, any animal control officer or peace officer is hereby authorized to issue to any owner or other person who violates any provision of this chapter a citation, which shall be dated and signed by the issuing officer. The citation shall set forth the general nature of the violation charged, and shall direct the violator to appear in the municipal court of the city on or before a certain day. The violator shall sign the summons to indicate his agreement to appear. In the event a violator refuses to sign the agreement to appear, a peace officer may be called to the scene and, upon the continued refusal of such person to sign, may arrest such person. In those instances wherein the violator is not present, the citation may be issued, a complaint filed, and procedure followed as permitted by law.

(1997 Code, sec. 90.003)

§ 2.01.005 Authority of municipal court.

Upon written complaint wherein any dog or cat or other animal is alleged to be a nuisance as defined in section 2.01.001 of this chapter, the municipal court of the city shall have the authority to order and hold a hearing upon giving notice to the owner of such dog or cat or other animal, and if such court shall determine at such hearing that such dog or cat or other animal is vicious or dangerous to persons or animals or has bitten or attacked any person or other animal, the court may order that such dog or cat or other animal be kept muzzled, or that same be kept within a sufficient enclosure, or that same be delivered to the poundmaster and by him be destroyed, or assess a fine against the owner thereof as provided herein, or any combination of the foregoing.

If such court shall determine that any dog or cat or other animal disturbs the peace and quiet of the neighborhood or occupant of any adjacent premises by loud, unusual, or prolonged barking or howling, the court may order that such dog or cat or other animal be removed permanently beyond the city limits or delivered to the poundmaster and by him be destroyed, and failure or refusal to do so within 24 hours after receiving said order shall be deemed an offense. A substantial copy of such order for hearing detailing the time, date, place, and purpose therefor,personally delivered or enclosed in a correctly addressed envelope to such owner, postage prepaid, and deposited in the United States mail within not less than 14 days prior to the date of such hearing, shall be deemed sufficient and proper notice.

Provided, however, if it appears upon trial thereof that any person attacked or bitten was trespassing upon the property of the owner or person having control of such dog or cat or other animal, or if any person attacked or bitten was provoking or teasing such dog or cat or other animal, or if such loud, unusual, or prolonged barking or howling was provoked as the result of teasing or harassment by persons other than the owner, such conduct shall be a complete defense to any complaint brought hereunder.

(d)

A person commits an offense if he knowingly possesses and fails to release to the animal control officer, or any peace officer under his direction, a dog or cat or other animal that has been charged by sworn complaint as provided in this section.

(1997 Code, sec. 90.004)

§ 2.01.006 Tampering with traps set by animal control department.

It shall be unlawful for any person to tamper with, destroy, damage, spring, or cause to malfunction any trap set by the department of animal control or to release any dog or cat from any such trap.

(1997 Code, sec. 90.005)

§ 2.01.007 Prohibited traps.

Traps harmful to animal prohibited.

No person shall set up or allow to be set up on his property steel jaw traps, spring traps with teeth or perforated edges on the holding mechanism, or any type of trap with a holding mechanism designed in such a fashion as to reasonably ensure the cutting, slicing, tearing, or otherwise traumatizing of the trapped prey for the purpose of ensnaring domestic or wild animals within the city limits, unless the use of such traps is specifically deemed necessary by the department of public health in or for the control of communicable disease.

Exception for pest control.

This section is not to be construed to include those traps designed to kill common rodents, such as rats, mice, gophers, and groundhogs; provided that the owner is responsible for taking care that any of the above said rodent traps are not placed or used on or about his property in such a manner as to reasonably ensure the trapping of any other domesticated or wild animal or of a human.

Violations.

It shall be a prima facie violation of this section that the traps prescribed herein were, in fact, set up by the person in question; no intent or further culpable mental state shall be required to prove such a prima facie violation.

(1997 Code, sec. 90.006)

§ 2.01.008 Interference with animal control department.

No person shall interfere with, hinder, or molest any agent of the animal control department in the performance of any duty of the agent, or seek to release any animal in the custody of the animal control department or its agents.

It is a defense to prosecution under this section that the hindrance, obstruction, resistance, or interference alleged consisted of constitutionally protected speech only.

(1997 Code, sec. 90.007)

§ 2.01.009 Duties of driver striking animal with vehicle.

The driver of any vehicle which collides with or strikes any domesticated animal shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible without interfering with traffic, render reasonable assistance to said animal, and then and there either locate and notify the owner of said animal or report said accident and the injury to the department of animal control, the county sheriff’s department, or the local humane society. The provisions of this section shall not apply to any emergency vehicle or to a driver taking an ill or injured person to medical care, nor shall it require assistance to an animal if providing such assistance would place any person in danger from the animal or traffic.

(1997 Code, sec. 90.008)

§ 2.01.010 Reward for information leading to arrest for malicious poisoning.

A reward may be offered by the city, as set by the city council, to any person who shall furnish testimony or evidence leading to the conviction of any person or persons who have willfully poisoned any dog or cat within the city.

(1997 Code, sec. 90.009)

§ 2.01.011 Destruction of animals by animal control department.

Animals in pain and suffering.

Any animal which has been injured to the extent of broken legs, severe lacerations, internal injuries, and the like may be immediately put to death in a humane manner if, within the judgment of the director of the department of animal control, the animal is in pain and suffering, and it is the judgment of the director that the nature or extent of the injury is such that the animal cannot reasonably be expected to survive the injury.

Diseased animals.

Any animal which has the mange, distemper, or any other disease which may be reasonably calculated to endanger the life and health of other animals may, in the discretion of the director of the department of animal control, be humanely put to death in lieu of impoundment.

Notification of owner.

Prior to any animal being put to death pursuant to the terms of this section, the employees of the department of animal control shall make reasonable inquiry as to the owner of said animal, and, if the owner can be identified and notified, the owner shall be notified. In the event the owner shall agree to immediately proceed to the location of the animal and does so, the animal shall not be destroyed except upon permission of the owner. In the event the animal is not injured, but is infected with a disease calculated to endanger other animals, and the ownership can be ascertained, then, in that event, the animal shall not be destroyed until the owner is notified and gives his consent or refuses to immediately reclaim the animal, or, if the owner is not notified, all reasonable means of notifying the owner and receiving a response within a 24-hour period have been exhausted.

(d)

Policy and procedure.

The director of the department of animal control shall, in deciding whether or not the facts warrant the immediate destruction of any animal, act in a reasonable manner and according to policy and procedure established by the city secretary.

(e)

Nonliability.

The city, its officers, agents, and employees shall never, in any event, be liable in damages for the destruction of any animal pursuant to the provisions of this section.

(1997 Code, sec. 90.010)

§ 2.01.012 Disposal of large dead animals at city landfill.

The city council has set a fee per animal to dispose of deceased large animals at the city landfill by city employees, said fee to be as provided for in the fee schedule.

(Ordinance 070501-1 adopted 5/1/07)

§ 2.01.013 Slaughtering animal within public view.

It shall be unlawful for any person to slaughter an animal within public view.