Any living vertebrate creature or invertebrate creature including,
but not limited to, mammals, reptiles, fish and fowl, but specifically
excluding human beings.
The animal control section of the city.
Any person designated by the supervisor of animal control
to enforce the provisions of this chapter.
Domesticated bovine family, including but not limited to
bulls, cows, and steers.
Any authorized commercial establishment where three (3) or
more cats over four (4) months of age or eleven (11) or more cats
over four (4) months of age are kept for boarding or breeding purposes,
except veterinary facilities.
Any facility where a fee is charged to house, pasture or
rent livestock.
Any member of the horse family, including horses, ponies,
mules, donkeys, and burros.
Any authorized commercial establishment where three (3) or
more dogs over the age of four (4) months or eleven (11) or more dogs
under the age of four (4) months are kept for breeding or boarding
purposes, except veterinary facilities.
Any member of the Equine family and all members of the Bovine
family.
Any person or group of persons living in the same household,
firm or corporation having title to or custody of any animal, or any
person who has, harbors, keeps, or causes or permits to be harbored
or kept an animal in his care or custody, or any person who feeds
an animal for seven (7) days, or who allows an animal to remain on
or about his premises for ten (10) days.
An animal shall be deemed restrained when it is:
Confined on the premises of the owner within a building, walled
or fenced enclosure; or
Fastened or picketed by a lead or chain, not more than twenty
feet (20') in length, so as to keep the animal on the owner’s
premises; or
Under the control of a person by a leash; or
On or within a vehicle being driven or parked; or
At heel beside a competent person and obedient to that person’s
command. Minors shall not be considered competent persons.
Not completely confined by a building, wall, or fence of
sufficient strength or construction to restrain the animal, except
when such animal is on a secured leash or chain not more than twenty
(20) feet in length or held in the hands of the owner or keeper, or
under the direct supervision of the owner or keeper within the limits
of the owner’s private property.
All types of domesticated sheep and goats.
The person designated by the city manager to supervise all
aspects of animal control.
Any individual animal of any species that has on two (2)
previous occasions, without provocation, attacked or bitten any person
or other animal; or any individual animal which the supervisor of
animal control has reason to believe has a dangerous disposition,
or any species of animal which the supervisor of animal control has
reason to believe has a dangerous disposition likely to be harmful
to humans or other animals.
Any poisonous or dangerous reptile, or any other animal which
can normally be found in the wild state, not normally capable of being
domesticated, including, but not limited to: skunks, foxes, raccoons,
leopards, panthers, cougars, tigers, lions, lynx, ferrets, and opossums,
unless certified for medical, biological, herpetological, or other
scientific research or study.
(1983 Code of Ordinances, Chapter 3, Section 3-1; Ordinance 2017.10.10, sec. 1, adopted 10/10/17)
(a)
Enforcement
of this chapter shall be the responsibility of the supervisor of animal
control and/or any animal control officer.
(b)
Any
animal control officer shall have the authority to issue citations
for any violation of this chapter.
(c)
It shall
be unlawful for any person to interfere with any animal control officer
in the performance of his duties.
(1983 Code of Ordinances, Chapter 3, Section 3-2)
(a)
It shall
be unlawful for any dog or other animal possessed, kept or harbored
to run at large.
(b)
No owner
shall possess, harbor or keep more than a total of four (4) dogs and
cats over the age of four (4) months and/or ten (10) puppies or kittens
under the age of four (4) months except for a kennel, cattery or veterinary
facility.
(c)
Fierce,
Dangerous, or Vicious Dogs.
The owner shall confine within
a building or secure enclosure, every fierce, dangerous or vicious
dog, and not take such dog out of such secure enclosure unless dog
is securely muzzled.
(d)
Every
female dog or cat in season shall be confined in a building or a secure
enclosure or a veterinary hospital or boarding facility, in such a
manner that another dog or cat cannot come in contact with it except
for controlled breeding purposes.
(1983 Code of Ordinances, Chapter 3, Section 3-3; Ordinance adopting Code)
(a)
Vaccination
of Dogs and Cats Required; Metal and Paper Certificates Thereof.
All dogs and cats over the age of four (4) months must be vaccinated
at least every three years for rabies with an anti-rabies vaccine
approved by the department of state health services and administered
by a veterinarian licensed by the state. A metal certificate of vaccination
with the year of vaccination, a certificate number and the name, address,
and phone number of the vaccinating veterinarian or veterinary clinic
must be securely attached to a collar or harness that must be worn
by the dog or cat at all times. In addition to the metal certificate,
a paper certificate must be issued stating the name of owner, address
of the owner, telephone number of the owner, a description of the
animal, the date of vaccination, the number of years covered by the
vaccination, the number on the metal certificate, the kind of vaccine
used, and signed by the administering veterinarian.
(b)
Registration
Procedures and Requirements.
No owner shall have within
the city any dog or cat over four (4) months of age unless such dog
or cat is currently registered with animal control. A current metal
registration certificate, issued by animal control, must be affixed
to the collar or harness and must be worn by the dog or cat at all
times. No dog or cat shall be registered until it has a current rabies
vaccination.
(1)
Application
for initial issuance or renewal of each annual registration must be
made by the owner, in writing or in person, and must be accompanied
by the paper vaccination certificate, and a fee of ten dollars ($10.00)
per year. If the original current registration tag is lost or destroyed,
the owner may obtain a duplicate for one dollar ($1.00) from city
hall. The initial annual registration tag must be obtained within
thirty (30) days of vaccination. In the case of a three-year vaccination
certificate, renewal registration tags must be obtained within thirty
(30) days of the anniversary date of the rabies vaccination. A registration
and/or vaccination certificate shall be valid only for the animal
to which it was originally issued.
(2)
If
there is a change of ownership in a dog or cat currently registered
with animal control, transfer of registration shall be made upon request
of the owner, and there shall be no charge for such transfer.
(4)
Eligibility
for fee-exempt registration does not relieve the owner of his responsibility
under the provisions of this chapter.
(c)
Denial
of Registration.
The supervisor of animal control may
refuse to register a dog or cat or may revoke a registration issued
to any person who has been convicted in a court of law in the state,
of any of the following:
(1)
Cruelty
to animals as defined in the Texas Penal Code Article 42.11, inhumane
treatment, or negligence to an animal; and
(2)
Four
(4) or more separate and distinct violations of an animal control
ordinance of a municipality in the State of Texas within a twelve-month
period.
|
Any person denied such a registration may appeal the refusal
to a committee made up of the chief of police or his designated representative,
the city manager or his designated representative, and the city attorney
or his designated representative. This committee shall uphold or overturn
the supervisor of animal control’s refusal of registration.
|
(d)
Guard
Dogs, Special Provision.
Every person having care or
custody of a dog which has received guard training, must register
such dog with the supervisor of animal control. It shall be unlawful
for any person having ownership, occupancy or control of any property
in the city to permit or hire a guard dog to guard such property without
such dog having first been registered with the supervisor of animal
control pursuant to this subsection. Any dog which has received guard
dog training may be destroyed, if necessary, when such dog is running
at large. The owner, keeper, or person in charge of a guard dog shall
be subject to the other provisions of this chapter and section. Registration
tags identifying animal as a guard dog must be worn by such animal
at all times, and the animal must be securely muzzled and leashed
when not in covered confinement, or fenced, while in actual performance
of duties.
(1983 Code of Ordinances, Chapter 3, Section 3-4; Ordinance adopting Code; Ordinance
2007.06.11A, sec. 1, adopted 6/11/07; Ordinance 2007.06.11A, sec. 2, adopted 6/11/07)
(a)
Animals
Subject to Impoundment.
The following animals are subject
to impoundment:
(1)
Cats or dogs not exhibiting evidence of being vaccinated or registered, as described in Section 2.104.
(2)
Any
animal running at large, other than a cat. Provided, however, a cat
may be impounded under the conditions specified in subsection(b) below.
(3)
Any
animal treated in a manner determined by an animal control officer
as cruel or inhumane.
(4)
Any
animal that has bitten, scratched or viciously attacked a person,
or needs to be placed under observation for rabies, as determined
by an animal control officer.
(5)
Any
animal in violation of any provision of this chapter.
(b)
Right
or Property Owner to Confine; Notification of Animal Control.
If any animal named in this chapter is found on the premises
of any person, the owner or occupant of the premises shall have the
right to confine such animal in a humane manner until he can notify
animal control to impound the animal. When so notified, it shall be
the duty of an animal control officer to have such animal impounded
as herein provided.
(c)
Notification
of Animal Owner by Animal Control.
Reasonable effort
shall be made by animal control to contact the owner of any animal
impounded which is wearing current registration and/or vaccination
certificates; however, final responsibility for location of an impounded
animal is that of the animal owner.
(d)
Reclaiming
of Impounded Animals, Generally.
The owner may resume possession of any animal impounded upon payment of impoundment fees, handling fees, and any veterinary expenses incurred by animal control for the welfare of the animal, and upon compliance with vaccination and registration provisions of this chapter, except where prohibited in subsections (e) and (f) below.
(e)
Reclaiming
Animals Impounded on the Grounds of Suspicion of Cruelty or Inhumane
Treatment.
Disposition of animals impounded on the grounds
of suspicion of cruel or inhumane treatment shall be by the court
of jurisdiction.
(f)
Reclaiming
Animals Under Rabies Quarantine.
If any animal is being
held under quarantine or observation for rabies, the owner shall not
be entitled to possession until it has been released from such quarantine.
(g)
Designation
of Place of Impoundment.
The city manager shall select
and establish a place for impounding all animals impounded under any
provision of this chapter.
(h)
Disposition
of Unclaimed Animals, Generally.
Any animal except vicious,
wild, or unvaccinated bite case animals, not reclaimed by the owners,
may be humanely destroyed by animal control after being held seventy-two
(72) hours, except that any animal wearing current registration or
vaccination metal certificates shall be held six, (6) days prior to
disposition.
(i)
Disposition
of Impounded Vicious or Wild Animals.
Any vicious animal
impounded, unless there is reason to believe such animal has an owner,
may be immediately disposed of as deemed appropriate by the supervisor
of animal control. Any impounded wild animal, unless such animal is
an endangered species, may be immediately disposed of in a manner
deemed appropriate by the supervisor of animal control. Wild animals
that are considered endangered species, will be immediately reported
to and turned over to the Texas Department of Parks and Wildlife for
disposition.
(j)
Disposition
of Nursing Baby Animals.
Any nursing baby animal impounded
without the mother, or where the mother cannot or will not provide
nutritious milk, may be immediately euthanized by animal control to
prevent further suffering of such baby animals.
(k)
Adoption
of Impounded Dogs and Cats Authorized.
Any impounded
dog or cat not wearing current registration or vaccination certificates
may be given up for adoption after seventy-two (72) hours, except
those under quarantine. Any impounded dog or cat wearing current registration
or vaccination certificate may be given up for adoption after being
held six (6) days. If the rightful owner of the animal appears within
thirty (30) days of adoption, he may redeem the animal by paying the
adoptee all documented expenses incurred, and reasonable board for
the animal.
(l)
Disposition
of Animal Upon Direction of Owner.
An owner who no longer
wants responsibility for an animal, or who believes an animal to be
ill or injured, may sign a written waiver, supplied by animal control,
allowing animal to be euthanized in a humane manner; provided that
such warm-blooded animal has not bitten any human. Such animal that
has bitten shall be held for ten (10) day quarantine except where
laboratory examination is provided for.
(m)
Disposition
of Injured or Ill Animals.
Any impounded animal that
appears to be suffering from extreme injury or illness may be euthanized
or given to a non-profit humane organization for the purpose of veterinary
medical care, as determined by the supervisor of animal control.
(1983 Code of Ordinances, Chapter 3, Section 3-5)
(a)
Daily
Handling Fee.
A daily handling fee shall be charged for
every day or fraction of a day that an animal is at the animal control
facility. Said fee shall be ten dollars ($10.00) per day or fraction
of a day.
(b)
Quarantine
Fee.
The owner of any animal held in quarantine for observation
purposes shall be charged ten dollars ($10.00) for every day or fraction
of a day the animal is held at the facility; this fee is in addition
to any impoundment fee.
(c)
Adoption
Procedures.
An individual may adopt an animal (dogs and
cats only) from the city animal shelter under the following conditions:
(1)
The
animal has been classified as adoptable by the supervisor of animal
control;
(2)
The
prospective adoptor has proper facilities to care for the animal;
(3)
The
prospective adoptor obtains all necessary vaccinations and registrations;
and
(4)
The
adopter shall pay an adoption fee of fifty dollars ($50.00).
|
The purchaser of any dog or cat must have it vaccinated, and
obtain a city license within thirty (30) days after purchase.
|
(d)
The
supervisor of animal control may refuse to allow a person to adopt
an animal whom he has reason to believe:
(e)
Impoundment
Fee.
The amount of the impoundment fee is fifty dollars
($50.00).
(1983 Code of Ordinances, Chapter 3, Section 3-6; Ordinance 2005.08.30B adopted 8/30/05; Ordinance 2011.02.14 adopted 2/14/11)
(a)
Authority
to Quarantine.
The supervisor of animal control shall
have the authority to order quarantine of animals responsible for
biting incidents, or suspected of having any zoonotic disease considered
to be a hazard to the human or animal population.
(b)
Animals
Subject to Quarantine; Conduct of Quarantine.
(1)
Every
animal that bites a human or attacks another animal in an unnatural
manner, or has rabies or any other zoonotic disease, or is under suspicion
of having rabies or any other zoonotic disease, shall be immediately
confined by the owner, who shall promptly notify animal control or
an animal control officer of the place where such animal is confined
and the reason therefor. The owner shall not permit such animal to
come in contact with any other person or animal. The owner shall surrender
possession of such animal to animal control on demand for supervised
quarantine. Supervised quarantine shall be at the animal shelter,
or a veterinary hospital, or by any other method of adequate confinement
approved by the supervisor of animal control. The quarantine shall
be not less than ten (10) days and shall be under the supervision
of a licensed veterinarian, who shall submit to animal control reports
on the quarantined animal’s physical condition on the first,
fifth, and tenth days immediately following the date of bite incidents
or any of the other above enumerated purposes for quarantine. A release
from quarantine may be issued if no signs of rabies or other diseases
have been observed during the quarantine period.
(2)
Any
animal quarantined other than at the animal shelter shall be observed
by the same veterinarian throughout the entire quarantine period in
the same manner as outlined above, and the owner and veterinarian
shall immediately notify animal control as to the veterinarian and
location of quarantine. Animals being held in quarantine resulting
from bite episodes may not be held in quarantine at a veterinarian
located more than five (5) miles outside the corporate city limits
except with written approval by the supervisor of animal control.
If the supervisor orders quarantine other than in the animal shelter
or a veterinary hospital, the owner shall be responsible for confining
the animal. He shall also be required to obtain the same veterinary
supervision of the animal and release from quarantine as would be
required in a veterinary hospital or at the animal shelter.
(c)
Violation
of Quarantine, Cause for Seizure and Impoundment.
The
violation of quarantine by any person shall be just cause for seizure
and impoundment of the quarantined animal by animal control. It shall
be unlawful for any person to interrupt the observation period of
any animal for any reason.
(d)
Investigation
of Animal Bite Reports; Killing of Biting Animal Prohibited.
All animal bite reports shall be investigated by animal control.
Without the permission of the supervisor of animal control, it shall
be unlawful for any person to kill or remove from the city limits
any animal that has bitten any person or other animal, or that has
been placed under quarantine, except when it is necessary to protect
the life of any person or other animal.
(e)
Authority
to Direct Disposition of Suspected Rabid Animals.
The
supervisor of animal control shall direct the disposition of any animal
suspected of being rabid or of having any zoonotic disease considered
to be a hazard to any other animal or human being.
(f)
Surrender
of Carcasses of Dead Animals Suspected of Having Rabies.
The carcass of any dead animal exposed to rabies or suspected of
having been rabid shall, upon demand, be surrendered to animal control.
(g)
Manner
of Disposing of Animals Exposed to Rabies.
Every animal
exposed to rabies shall be immediately confined by the owner, who
shall promptly notify animal control of the place where such animal
is confined and the reason therefor. The owner shall not permit such
animal to come in contact with any person or animal. Any animal exposed
to rabies shall be handled in one of the following manners:
(1)
Human
destruction, with notification to, or under the supervision of animal
control.
(2)
If
not currently vaccinated, quarantine under veterinary supervision
for at least twelve (12) months immediately following exposure; or
(3)
If
currently vaccinated, immediate re-vaccination and quarantine under
veterinary supervision for at least ninety (90) days immediately following
exposure.
(h)
Refusal
to Surrender Animal on Demand for Rabies Control Purposes.
No person shall fail to or refuse to surrender an animal for supervised
quarantine or human destruction, as required herein for rabies control,
when the demand therefor is made by the supervisor of animal control,
or officers acting under his discretion.
(i)
Notification
to Animal Control Upon Escape, Sickness, or Death of Quarantined Animals.
Any person having possession of, or responsibility for, any
quarantined animal shall immediately notify animal control if such
animal escapes, or becomes or appears sick, or dies, and in the case
of death of the animal while under quarantine, shall immediately surrender
the dead animal to animal control for diagnostic purposes.
(1983 Code of Ordinances, Chapter 3, Section 3-7)
(a)
It shall
be unlawful for any person to sell, offer for sale, barter, or give
away as toys, premiums or novelties, baby chickens or ducklings or
other fowl under three (3) weeks old or rabbits under two (2) months
old, unless the manner or method of display is first approved by the
supervisor of animal control.
(b)
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-mentioned
animals which have been so colored.
(c)
It shall
be unlawful to keep any wild animal inside the corporate city limits.
(d)
It shall
be unlawful to release or to allow to run at large, any wild or vicious
animal, or any animal that has known vicious tendencies.
(1983 Code of Ordinances, Chapter 3, Section 3-8)
(a)
Authority
to Destroy if Found at Large.
Any vicious animal found
running at large may be destroyed by any peace officer or animal control
officer in the interest of public safety.
(b)
Authority
to Require Removal From City; Appeals From Orders to Remove.
The supervisor of animal control may order any owner or person
having care, control, or custody of any vicious animal to remove such
animal permanently from the city. This animal must be removed immediately
following receipt of such order, even if an appeal is initiated. This
order may be appealed in writing within ten (10) days to a committee
made up of the city manager or his designated representative, the
chief of police or his designated representative, and the city attorney
or his designated representative. Such committee may uphold, reverse,
or modify the order given by the supervisor of animal control, and
may stipulate restrictions on the animal as a condition to allowing
the animal to remain in the city. If the committee upholds the order
as given by the supervisor of animal control, the owner or person
having care, control or custody shall not bring the animal back inside
the city limits.
(c)
Failure
to Remove, Grounds for Impoundment or Destruction.
If
the person having care, custody, or control of a vicious animal fails
to remove such animal, as provided for herein, such animal may be
impounded and/or destroyed.
(d)
Owner
to Report Disposition and Relocation.
The owner or person
having care, custody, or control of a vicious animal, must report
the disposition and relocation of such animal to the supervisor of
animal control, in writing, within ten (10) days after the expiration
date for removal of such animal from the city. Each day thereafter
such information is not provided shall constitute a separate offense.
(e)
Search
and Seizure Warrants Authorized.
The supervisor of animal
control shall be authorized to obtain a search and seizure warrant,
if there is reason to believe that an animal ordered removed from
the city for being vicious has not been so removed. Such warrant may
also be obtained if the owner of such animal that has been involved
in a bite incident or is suspected of having rabies or any other zoonotic
disease, fails to surrender such animal for quarantine purposes or
for humane destruction.
(1983 Code of Ordinances, Chapter 3, Section 3-9)
(a)
Notwithstanding
any other provisions or definitions in this chapter, it shall be unlawful
for a person to keep, possess, or harbor swine, bovine or equine animals
within the city.
(b)
The prohibition provided in subsection (a) does not apply to, and it is an absolute defense, that the swine, bovine, or equine: (1) is part of a traveling fair, carnival, or rodeo company temporarily set up in the city for no longer than one week; or, (2) is in-transit through the city in a truck or trailer made for such purpose and such vehicle stops within the city limits only in compliance with traffic-control devices, for servicing such vehicle, or driver meal or rest break at a place on or along a designated state highway (not a residential area); or is being delivered to, retrieved from, or in the possession and care of a veterinarian for treatment.
(c)
In cases
involving a scientific or educational program, a nonprofit organization
show, exhibition, or humane activity, or animals owned by the city,
the supervisor of animal control may waive certain requirements of
this section, except for the strict prohibition regarding swine, bovine
and equine within the city.
(d)
Any
enclosure, pasture, pen, corral or other restrictive area for small
livestock shall be of sufficient strength and construction so as to
keep such livestock confined.
(e)
All
gates must be of sufficient strength and construction so as to keep
livestock confined.
(f)
It shall
be unlawful for any person, firm or corporation to keep on the premises
under his or its control, within the city limits, any small livestock
in such a manner that the livestock are sheltered or lodged within
a pen or corral closer than three hundred feet (300') from any human
habitation, church, school or business other than that of the owner’s
or keeper’s living quarters.
(Ordinance 2017.10.10 adopted 10/10/17)
Fowl and rabbits shall be kept in a secure pen or enclosure
that is at least thirty (30) feet from any adjoining property line.
(1983 Code of Ordinances, Chapter 3, Section 3-11)
The owner or person in possession of animals shall keep yards,
pens and enclosures in which such animals are confined in such a manner
so as not to give off odors offensive to persons of ordinary sensibilities
residing in the vicinity, or to breed or attract flies, mosquitoes
or other noxious insects or in any manner to endanger the public health
or safety, or create a public nuisance.
(1983 Code of Ordinances, Chapter 3, Section 3-12)
The following are established as guidelines for pet and animal
care and are not intended to contravene the provisions for animal
cruelty contained in the Texas Penal Code.
(1)
Provision
for Food, Shelter, and Care, Generally.
No owner shall
fail to provide his animal with sufficient good and wholesome food
and water, proper shelter and protection from the weather, veterinary
care when needed to prevent suffering, and with humane care and treatment.
(2)
Abuse
of Animals, Animal Fighting.
No person shall beat, cruelly
ill-treat, torment, overload, overwork or otherwise abuse an animal,
or cause, instigate or permit any dogfight, cockfight, bullfight or
other combat between animals or between animals and humans.
(3)
Abandonment.
No owner shall abandon any animal. Any animal left without proper
food, water, or shelter for more than seven (7) days shall be considered
abandoned animal control shall take any abandoned animal into protective
custody until owners of such animals can be located and/or prosecuted.
(4)
Striking
With a Vehicle.
Any person who, as the operator of a
motor vehicle, strikes a domestic animal shall stop at once and shall
immediately report such injury or death to the animal’s owner.
In the event that the owner cannot be ascertained or located, such
operator shall at once report the accident to the appropriate law
enforcement agency.
(1983 Code of Ordinances, Chapter 3, Section 3-13)
