ARTICLE 2.02 KEEPING DOGS OR CATS

Time allowed for registration.

All dogs and cats presently in the city shall be registered within six months of the effective date of this section. All newly acquired dogs or cats shall be registered within 30 days of their acquisition. All newly born dogs or cats shall be registered within four months of their birth. This requirement will not apply to a nonresident keeping a dog or cat within the corporate limits of the city for no longer than 30 days.

Fees.

Fee shall be as provided for in the fee schedule.

(e)

Expiration date.

The license shall be valid for one year, and all licenses shall expire after the date on which said cat or dog last received a rabies vaccination.

(f)

Notice of expiration.

On or before the expiration date of the license, the city shall send a notice of expiration to the owner, indicated by the records of the city, for the annual fee. If the owner has not reported the death of the dog or cat or its removal from the city before the annual fee becomes due, he is still liable for the fee currently due.

(g)

Failure to pay fee.

If the owner of a dog or cat has not paid the annual license fee within 30 days of the date it is due, the owner of the animal to which the fee applies may be cited in the manner set out in section 2.01.004 of this chapter.

(1997 Code, sec. 90.020)

§ 2.02.002 Rabies vaccination.

No person shall own, keep, or harbor any dog or cat over four months old within the corporate limits unless such dog or cat is vaccinated against rabies and licensed (registered).

All dogs and cats shall be vaccinated against rabies by a licensed veterinarian in accordance with Texas Administrative Code, sec. 169.28, et seq.

A certificate of vaccination shall be issued to the owner of each animal vaccinated. Each owner shall also receive a durable vaccination tag indicating the year in which it was issued.

§ 2.02.003 Restraint required; confinement of vicious dogs and female animals in heat.

The owner of any dog or cat within the city shall have the animal vaccinated against rabies by a licensed veterinarian each calendar year.

(Ordinance adopting Code; 1997 Code, sec. 90.021)

Every person who owns, keeps, or is in charge of a dog or cat shall restrain the dog [or cat] at all times. No dog of fierce, dangerous, and/or vicious propensities shall be allowed upon any street, avenue, highway, alley, sidewalk, parkway, park, or other public place in the city. The animal shall be confined within a building or a secure enclosure unless such animal is securely muzzled and under the control of the owner or any other person by either leash, cord, chain, or otherwise. No female dog or female cat in heat shall be allowed upon any street, avenue, highway, alley, sidewalk, parkway, park, or other public place in the city whether said dog is under the control of the owner or any other person either by leash, cord, chain, or otherwise.

(1997 Code, sec. 90.022)

§ 2.02.004 Running at large prohibited.

It shall be unlawful for any person to permit any dog or cat owned or kept by him to run at large within the city. Any cat or dog found running at large in violation of this section may be impounded and subject to the citation imposed under section 2.01.004 of this chapter.

(1997 Code, sec. 90.023)

§ 2.02.005 Care and maintenance; removal of waste.

Care of a dog or cat must include, but is 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.

The owner of every dog or cat shall be responsible for the sanitary disposal of, and shall dispose of, any feces deposited by his animal on public walks, streets, or recreation areas, or upon private property not within the control, possession, or supervision of said owner.

It shall be unlawful to keep, shelter, or enclose any dog or cat within any residential building or property which is not occupied as a residence by a person.

§ 2.02.006 Keeping more than three dogs or cats.

All dogs within the city shall be cared for in accordance with the following:

(1)

It shall be unlawful for the owner, caregiver or keeper of any dog to permit such dog to run at large within the city. A dog is at large if it is not within an enclosure adequate to contain the dog upon or within property owned or leased by its owner, caregiver or keeper or restrained by a leash or harness personally held by the owner, caregiver or keeper of the dog.

(2)

It shall be required for the owner, caregiver or keeper of any dog over twenty-five (25) pounds that is upon any public street or park to have the dog properly muzzled.

(3)

It shall be unlawful for the owner, caregiver or keeper of any dog to restrain or anchor a dog by means of a tether, chain, cable, rope or cord, unless the tether or other restraint is being personally held by the owner, caregiver or keeper of the dog. No dog may be attached to an inanimate object.

(4)

Any dogs confined within a fenced yard or run must be provided with at least 100 square feet of space for each dog. Any dog kept within a house without a yard shall be provided an enclosure or run for such dog with at least 100 square feet for each dog. The enclosure shall be constructed of chain link or similar type material with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from the enclosure. The top of the enclosure shall be covered with sufficient material to provide the dog with shade and protection from the elements.

(1997 Code, sec. 90.024; Ordinance 040803-1 adopted 8/17/04)

Dogs.

(1)

It shall be unlawful for any person to keep, maintain, or shelter more than three dogs, plus one litter to age of three months, within the city, without a written permit. Any person desiring to keep, maintain, or shelter more than three dogs plus one litter to age three months shall request from the director of the department of animal control a written permit to keep a specified number of dogs. The director of the department of animal control may issue such permit if he determines that such person has a proper and adequate enclosure in which to keep the dogs, and a proper and sanitary shelter for the dogs.

(2)

After issuance, a permit may be revoked by the director of the department of animal control in the event either of the criteria in subsection (a)(1) is not maintained, the dogs become a nuisance, the person issued the permit is convicted of any violation of this chapter, or if any one of the dogs is on two separate occasions caught by an animal control officer while at large.

Cats.

The provisions of subsection (a) of this section shall equally apply to the keeping of cats. It is specifically provided, however, that any person may keep up to three cats, plus one litter to age of three months, without a permit, and may, with a permit, keep a larger number of cats.

Permit fee.

The fee for a permit pursuant to this section shall be as provided for in the fee schedule.

Exemptions.

The terms, provisions, and limitations of this section shall not apply to dogs or cats kept upon the business premises of any veterinarian, kennel, animal shelter, pet shop, or scientific research institution.

(1997 Code, sec. 90.025)

§ 2.02.007 Surrender of animals.

Animal services will only accept surrendered animals if there is sufficient space in the shelter at that specific time. There shall be a fee for surrender of animals by owner/harborer to the Animal Control Center. Animal services will only accept animals surrendered from residents of the City of Big Lake. A fee of $25.00 shall be charged per animal. In the event a litter (under 60 days of age) is surrendered the charge shall be the same as a single animal, with or without the mother.