ARTICLE 2.01: GENERAL PROVISIONS

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 health authority.

Any person so designated by the city commission.

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)

§ 2.01.002 Penalty.

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)

§ 2.01.003 Interference with officers.

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)

§ 2.01.004 Records.

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)

§ 2.01.005 Nuisance animals.

(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)

§ 2.01.006 Enforcement.

The animal control officer of the city shall have the power to administer and enforce the provisions of this chapter as may be required by governing law, including the authority to issue citations.

(Ordinance 830 adopted 5/13/2024)