As used in this chapter, the following terms shall be construed
to have the following meanings:
Animal.
Any live, vertebrate creature, domestic or wild.
Domestic animals.
Those which, as a species, are naturally tame and gentle
or which, by long association with man, have become thoroughly domesticated
and are now reduced to such a state of subjection to his will that
they no longer possess the disposition or inclination to escape. This
definition specifically includes household pets, such as dogs and
cats.
Estray.
Any stray horse, stallion, mare, gelding, filly, colt, mule,
hinny, jack, jennet, hog, sheep, goat or head of any species of cattle.
Guard dog.
Any dog trained or used to protect persons, premises or property
by attacking or threatening to attack any person found within the
area patrolled by the dog.
Kennel.
Any place where five (5) or more dogs, cats or any combination
thereof, over the age of four (4) months, are raised, trained, boarded,
harbored or kept.
Livestock.
Any horse, donkey, stallion, mare, gelding, filly, colt,
mule, hinny, jack, jennet, hog, sheep, goat or head of any species
of cattle.
Local rabies control authority.
The person designated by the city commission as the local
health authority who has the duties as described in V.T.C.A., Health
and Safety Code, section 826.017(c).
Other animal.
A goose, chicken, duck, rabbit, guinea, pigeon, bird, fowl,
or any other animal of domestic barnyard variety not listed as a wild
animal, domestic animal or estray.
Owner.
Any person who owns, keeps, harbors, controls (physically
or orally), feeds, shelters, or aids any animal, or any person who
is the owner’s agent left in charge of an animal.
Quarantine.
Isolation and close observation of animals to prevent transmission
of certain diseases.
Residence.
Any private single-family or multifamily dwelling, including
hotels or motels.
Restrain.
Any animal shall be deemed to be restrained when it is:
(1)
Confined on the premises of the owner within a fenced enclosure,
capable of confining the animal;
(2)
Fastened or picketed by a lead, rope or chain so as to keep
the animal on the premises;
(3)
Under the control of a person by a leash;
(4)
Within a vehicle being driven or parked;
(5)
At heel and obedient to oral command.
Wild animals.
Those living in a state of nature and not ordinarily tame
or domesticated.
(Ordinance 506, sec. 6-1, adopted 7/12/88; Ordinance adopting Code)
Except as otherwise provided, any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine as provided in section
1.01.009. Each such violation shall be considered a separate offense.
(Ordinance 506, sec. 6-26, adopted 7/12/88; Ordinance adopting Code)
It shall be unlawful to interfere with or hinder any city officer
in the performance of his duty of enforcing this chapter.
(Ordinance 506, sec. 6-3, adopted 7/12/88)
It shall be the duty of the chief of police or his designee
to keep or cause to be kept accurate and detailed records of:
(1) Impounding and disposition.
Impoundment and disposition
of all animals coming into his custody. Such records shall be kept
for a period of at least three (3) years and shall give the description
of all animals impounded, date of impounding, date of sale or other
disposition, the amount of money received from the sale and the name
and address of the purchaser.
(2) Bite cases.
A record shall be maintained of all animal
bite cases reported to the police department.
(3) Monies received.
Records regarding monies received under
the provisions of this chapter shall be open to inspection at reasonable
times by persons responsible for similar records of the city and shall
be audited by the city auditor annually in the same manner as other
city records are audited.
(Ordinance 506, sec. 6-4, adopted 7/12/88)
(a) It
shall be unlawful for any person to own or maintain an animal in such
a manner as to constitute a public nuisance. The following acts shall
constitute a public nuisance:
(1) Failure to restrain an animal;
(2) Failure to restrain an animal with resulting property damage;
(3) Maintenance of an animal in an unsanitary environment;
(4) Permitting an animal to bark, whine, howl, crow, cackle, or make
any other noise which causes annoyance or interference with another’s
reasonable use and enjoyment of his premises;
(5) Herding of animals along or upon any public right-of-way, except
by officers, agents or employees of the federal, state or local government
or agency thereof in the performance of official duties;
(6) The maintenance of a kennel in violation of the zoning ordinance;
(7) Keeping of more than three (3) dogs or cats (exclusive of a puppy
or kitten litter under the age of six months) within a residentially
zoned area.
(b) It
shall be unlawful for any person to keep swine within the limits of
the city, except for the keeping of swine under direct supervision
by and upon the premises of public and private schools, fairs or livestock
shows for a period not to exceed seven (7) days.
(c) All
“other animals” authorized to be kept shall be confined
to the premises of the owner or custodian of such other animals, and
it shall be unlawful for any person to allow such other animals to
run or fly at large or go upon the premises of another person. No
other animals shall be kept within a front yard in a residentially
zoned area.
(d) It
shall be unlawful for the owner or custodian of any dead animal which
is not intended as food for human consumption to permit or suffer
such dead animal to remain upon any premises.
(e) It shall be unlawful to keep any livestock within the city limits unless such livestock is kept in private or commercial premises as authorized in article
2.04 of this chapter.
(Ordinance 506, sec. 6-2, adopted 7/12/88)