This article shall be applicable only to dangerous wild animals, wild animals, livestock, fowl, and other animals and estrays as defined in this chapter.
(Ordinance 698 adopted 1/8/08)
(a) 
It shall be unlawful to keep, harbor, or maintain within the city limits the following:
(1) 
Bats, skunks, poisonous reptiles, or foxes;
(2) 
Any wild animal whose normal mature body weight exceeds forty (40) pounds;
(3) 
Any dangerous wild animal as provided in V.T.C.A., Health and Safety Code, section 822.101 et. seq; and
(4) 
Livestock or fowl.
(A) 
An owner of livestock or fowl, and the location of their maintenance itself, if such animals are being maintained by the owner at such location (if presently listed on a register of existing locations of animals now maintained in the office of code enforcement for the city), shall be excepted from enforcement of this subsection (4) in the following instances and conditions:
(i) 
When the owner registers, within 30 days of the date of passage, with the city office of code compliance for certification as an existing location and expresses the desire to be certified as a permitted use;
(ii) 
If they submit the location to an on-site inspection by city code officers for the purpose of identifying existing violations of law, health hazards, and critical issues increasing the risk for breeding and proliferation of flies, insects and rodents;
(iii) 
If they correct all identified violations of law and areas of critical concern, bringing the location into compliance with the requirements of law and eliminating areas of critical concern; and
(iv) 
Consent in writing to annual inspections, and to inspections arising from public complaints, at which compliance will be required. If the registrant fails to comply, the exception granted shall be deemed forfeited.
(B) 
Upon compliance, these existing locations will be certified as being exempt from prosecution until the ensuing annual inspection date.
(b) 
This section shall not prohibit a publicly or privately maintained circus, traveling show or rodeo which does not remain in the city in excess of 7 consecutive days.
(Ordinance 698 adopted 1/8/08)
(a) 
The chief of police or his designee may take up and impound at the animal shelter any estray found within the city limits in violation of this chapter.
(b) 
The chief of police or his designee may sell any estray impounded under the provisions of this article at a public auction after having advertised twice (2) in the local newspaper during the fifteen (15) days after the date of impoundment. In addition, a notice of impoundment with a general description of the estray shall be posted in the county courthouse.
(c) 
Final disposition of the estray shall be in compliance with this chapter.
(Ordinance 506, sec. 6-11, adopted 7/12/88)
Any peace officer or the animal control officer may take up and impound at the animal shelter any animal found within the city limits in violation of Penal Code 42.11 or section 2.04.002 of this article.
(Ordinance 506, sec. 6-12, adopted 7/12/88)
(a) 
Except for estrays, the animal control officer may sell any animal impounded under the provisions of this article at public auction after having held such animal for at least five (5) days and after having published notice of such sale together with a general description of the animal or animals to be sold. Such notice shall appear one (1) time at least five (5) days prior to the date of the sale and shall state that such animal or animals will be sold to defray cost if not reclaimed prior to such date. The proceeds of any such sale shall be used to defray sale expenses and expenses of taking up and keeping of such animals. The balance, if any, shall be paid to the owner of the animal, if known, and if such owner is unknown, such balance shall be paid into the city treasury. Within six (6) months after such sale, an owner may, upon proof of such ownership satisfactory to the chief of police, be entitled to receive the amount paid into the city treasury on account of such sale.
(b) 
The sale or disposition of any estray impounded under the provisions of this article shall be as provided in V.T.C.A., Agriculture Code, chapter 142.
(Ordinance 506, sec. 6-13, adopted 7/12/88; Ordinance adopting Code)
Except for estrays, any impounded animal which is not reclaimed, or is found to be infected with rabies, seriously injured or determined by the animal control officer to be unsalable, shall forthwith be humanely destroyed.
(Ordinance 506, sec. 6-14, adopted 7/12/88; Ordinance adopting Code)
The owner of any animal impounded and sold under the provisions of this article may redeem it by paying to the purchaser the amount paid by the purchaser for such animal plus reasonable expenses for keeping it, provided that the owner redeems the animal within thirty (30) days after the date of sale; otherwise, the animal becomes the absolute property of purchaser.
(Ordinance 506, sec. 6-15, adopted 7/12/88)
If any animal is found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal temporarily pending its release to the animal control officer or to the true owner of such animal.
(Ordinance 506, sec. 6-16, adopted 7/12/88)
(a) 
It shall be unlawful to keep or maintain a wild animal (as defined by section 1.101 of the Texas Parks and Wildlife Code) within the city limits unless a special permit therefor is first obtained from the animal control supervisor, who shall issue such permit if he finds that:
(1) 
The animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or property.
(2) 
Adequate safeguards are made to prevent unauthorized access to such animal by members of the public.
(3) 
The health or well-being of the animal is not in any way being endangered by the manner of keeping or confinement.
(4) 
The keeping of the animal does not constitute a nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood.
(5) 
The keeping of such animal will not create or cause offensive odors or constitute a danger to public health.
(6) 
The quarters in which such animal is kept or confined are so constructed that they may be kept in a clean and sanitary condition.
(7) 
The applicant has paid the applicable permit fee.
(b) 
Said permit shall be renewable annually upon a finding by the animal control supervisor that the above conditions have been met. The above provisions shall not apply to the keeping of wild animals if the owner or possessor:
(1) 
Is a governmental agency or entity;
(2) 
Holds a circus, carnival or zoo license from the state;
(3) 
Is an individual or a member of a nonprofit animal rehabilitation organization holding a permit from the state parks and wildlife department;
(4) 
Is a research institution or an accredited educational institution; or
(5) 
Is an individual holding a state or federal permit to possess wildlife.
(c) 
Wild animals in private possession upon the enactment of this section may be retained by the owner provided that the owner registers such animal with the public health administrator within thirty (30) days of the final passage of this section.
(d) 
Any permit shall be cancelled if, in the opinion of the animal control officer, the requirements of subsection (a) should cease to be observed, or if it is found that such an animal or reptile is being used to facilitate criminal activity.
(e) 
The violation of this section shall be punishable by a fine not exceeding $200.00.
(Ordinance 674A adopted 3/14/06)
(a) 
It shall be unlawful to keep or maintain a poisonous reptile within the city limits unless a special permit therefor is obtained and maintained from the state parks and wildlife department.
(b) 
The violation of this section shall be punishable by a fine not exceeding $200.00.
(Ordinance 674B adopted 3/14/07)