Animal.
Any living creature, including, but not limited to, dogs, cats, cows, horses, swine, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding human beings.
Animal Control Officer.
Any person designated by the city, county commissioners, or county animal control board to enforce the provisions of this article.
Commercial Business.
A facility that regularly sells animals.
Commercial Stable.
A facility where a fee is charged to house, pasture or rent horses or other livestock.
Dangerous Reptile.
Any reptile that as a result of its physical makeup or nature is capable of inflicting physical harm or death to human beings or animals as herein defined. This shall include all constrictors in excess of six (6) feet in length.
Large Livestock.
Horses of any member of the domesticated horse family, including but not limited to mules, donkeys and ponies; and all types and varieties of cattle and all swine.
Owner.
Any person, firm or corporation having title to any animal, or a person who has, harbors or keeps, or who causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises.
Running At-Large.
Not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner’s private property.
Small Livestock.
All types of domesticated swine, sheep and goats.
Vicious Animal.
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 chief of police has reason to believe has a dangerous disposition or any species of animal which the supervisor has reason to believe has a dangerous disposition likely to be harmful to humans or other animals.
Wild Animal.
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, leopards, panthers, tigers, lions, bobcat, unless certified for medical, biological, herpetological or other scientific research or study.
(Ordinance 0411 adopted 4/11/11)
Enforcement of this article shall be the responsibility of the chief of police or any animal control officer. Any animal control officer shall have the authority to issue citations for any violation of this article. If the person being cited is not present, the animal control officer may send the citation to the alleged offender by registered or certified mail. It shall be unlawful for any person to interfere with any animal control officer in the performance of his duties.
(Ordinance 0411 adopted 4/11/11)
(a) 
It shall be unlawful for any dog or other animal possessed, kept or harbored, other than a cat, to run at-large as is defined in Section 2.101 above.
(b) 
The chief of police is authorized to impound such animals running at-large, other than a cat, and may impound a cat under conditions specified in Section 2.105 below, and when he has received a complaint that the cat causes a nuisance or hazard to the health or welfare of human or animal population.
(Ordinance 0411 adopted 4/11/11)
All dogs and cats over four (4) months of age must be vaccinated annually for rabies with an antirabies vaccine approved by the city health officer and administered by a duly authorized veterinarian. A metal tag of certification of vaccination with the year of vaccination, a certificate number, and the name, address and phone number of the vaccinating veterinarian, 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 tag of certification, a paper certificate must be issued stating the name of the owner, the address of the owner, description of the dog or cat, the date of the vaccination, the number of the metal certificate and the kind of vaccine used.
(Ordinance 0411 adopted 4/11/11)
(a) 
General Requirements.
The following animals may be impounded:
(1) 
Dogs not exhibiting evidence of being vaccinated, as described in Section 2.104. Cats whose owners do not have evidence of being vaccinated, as described in Section 2.104.
(2) 
Any animal infected or kept under conditions which could endanger the public or animal health.
(3) 
Any animal that creates a nuisance as defined in Section 2.108.
(4) 
Any animal running at-large as stipulated in Section 2.103.
(5) 
Any animal treated in a manner determined by the animal control officer or chief of police to be cruel or inhumane.
(6) 
Any animal that has bitten a human being, other animal, or needs to be placed under observation for rabies determination, as determined by an animal control officer.
(7) 
Any animal violating any provision of this article.
(b) 
Owner of Premises May Confine Animal.
If any of the animals named in this article are found upon 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 an animal control officer to come and impound such animal. When so notified, it shall be the duty of an animal control officer to have such animal impounded as herein provided.
(c) 
Contact of Owner of Animal.
Reasonable effort shall be made by an animal control officer to contact the owner of any animal impounded which is wearing a current registration tag; however, final responsibility for location of an impounded animal is that of the owner.
(d) 
Redemption of Impounded Animals.
The owner can resume possession of any impounded animal upon payment of impoundment fees, handling fees and any veterinarian bills incurred by animal control for the welfare of the animal, and upon compliance with vaccination and registration provisions of this code, except where prohibited in subsections (e) and (f) of this section.
(e) 
Animals Impounded Because of Cruel or Inhumane Treatment.
Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court of jurisdiction.
(f) 
Quarantined Animals.
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 quarantine.
(g) 
Place of Impoundment.
The animal control officer shall impound all animals in the facility designated by the city or the county commissioner for impoundment under any provision of this article.
(h) 
Vicious or Wild Animals.
Any impounded vicious or wild animal, unless there is reason to believe that it has an owner, may be immediately disposed of as may be deemed appropriate by the county animal officer.
(i) 
Adoption of Impounded Dogs or Cats.
Any impounded dog or cat may be adopted from the animal control facility as follows:
(1) 
Dogs or cats impounded not wearing a registration tag may be placed for adoption after seventy-two (72) hours. Dogs or cats wearing a registration tag may be placed for adoption after seven (7) days. If the rightful owner appears and claims his dog or cat he may redeem the animal by paying all fees incurred plus any documented additional cost incurred by the adoptee.
(2) 
The animal control officer shall determine whether a dog or cat is healthy enough for adoption and if its health and age are adequate for vaccination. However, such decision shall not constitute a warranty of the health or age of the animal.
(3) 
There will be an adoption fee for all dogs and cats at an amount established by the county animal control board.
(j) 
Euthanization of Certain Animals.
(1) 
Any animal, except a vicious or wild animal, not reclaimed by the owner may be humanely euthanized after being impounded for seventy-two (72) hours, except that any animal wearing a current registration tag shall be impounded for six (6) days.
(2) 
Any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering.
(3) 
An owner who no longer wishes responsibility for an animal, or believes the animal to be in an ill or injured condition, may sign a written waiver supplied by animal control allowing the animal to be immediately euthanized in a humane manner, provided that no warm-blooded animal that has bitten a human being shall be euthanized before expiration of the ten day quarantine period.
(4) 
Any impounded animal that appears to be suffering from extreme injury or illness may be euthanized or given to a nonprofit human organization for the purpose of veterinary medical care, as determined by the county animal control officer or the city chief of police.
(Ordinance 0411 adopted 4/11/11)
(a) 
Impoundment fees shall be as set forth by the county animal control board.
(b) 
A daily handling fee as set forth by the county animal control board shall be charged for every day, or fraction thereof, that an animal is at the animal shelter.
(Ordinance 0411 adopted 4/11/11)
(a) 
Authority to Order Quarantine.
The county animal control officer and/or chief of police shall have the authority to order the quarantine of the animals responsible for bite incidents or suspected of having any zoonotic disease considered to be a hazard to the human population or other animals.
(b) 
When Animals Shall be Quarantined.
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 any other method of adequate confinement approved by the county animal control officer. The quarantine shall be for not less than ten (10) days and shall be under the supervision of a veterinarian, who shall submit to animal control written reports as to the animal’s health on the initial day of observation on the fifth and tenth days immediately following the date of said bite incident or above enumerated purposes of quarantine. A release from quarantine may be issued if no signs of rabies or other diseases have been observed during the quarantine period.
(c) 
Observation of Animal Other than at Animal Shelter.
Any animal quarantined other than at the animal shelter shall be observed by the same veterinarian throughout the entire required quarantine period in the same manner as outlined above, and the owner shall immediately notify animal control as to the veterinarian supervising the quarantine.
(d) 
Owner’s Responsibility If Animal Quarantined Other than at Animal Shelter.
If the chief of police orders quarantine other than in the animal shelter or 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 required in a veterinary hospital or at the animal shelter.
(e) 
Violation of Quarantine.
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.
(f) 
Animal Bites.
All animal bite reports shall be investigated by the county animal control officer or chief of police. Without permission of the county animal control officer or chief of police, it shall be unlawful for any person to kill or remove from the city limits any animal that has bitten a person or other animal, or that has been placed under quarantine, except when it is necessary to kill such animal to protect the life of any person or other animal. Every animal that has been bitten by another animal 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.
(g) 
Animals Suspected of Having a Disease.
The county animal control officer or chief of police shall direct the disposition of any animal suspected of being rabid or having any other zoonotic disease considered to be a hazard to any other animal or human being.
(h) 
Dead Animals Exposed to Rabies.
The carcass of any dead animal exposed to rabies or suspected of having been rabid shall upon demand be surrendered to animal control.
(i) 
Live Animals Exposed to Rabies.
Any animal exposed to rabies shall be handled in one of the following manners:
(1) 
Humane destruction, with notification to, or under supervision of, animal control.
(2) 
If not currently vaccinated, quarantine in a veterinary hospital for at least six (6) months immediately following the date of the exposure.
(3) 
If currently vaccinated, immediate revaccination and quarantine for at least thirty (30) days immediately following the date of the exposure.
(4) 
No person shall fail or refuse to surrender an animal for supervised quarantine or humane destruction, as required herein for rabies control, when demand therefore is made by the chief of police.
(5) 
Any person having possession of, or responsibility for any quarantined animal shall immediately notify animal control if such animal escapes or becomes or appears to become sick or dies and in case of death of the animal while under quarantine, shall immediately surrender the dead animal to animal control for diagnostic purposes.
(Ordinance 0411 adopted 4/11/11)
The following shall be considered a public nuisance and shall be unlawful:
(1) 
The keeping of any animal, which by causing frequent or long continued barking or noise, shall disturb any person of ordinary sensibilities in the vicinity.
(2) 
The keeping of any animal in such a manner as to endanger the public health, to annoy neighbors by the accumulation of animal wastes which cause foul and offensive odors, or are considered to be a hazard to any other animal or human being, or by continued presence on the premises of another.
(3) 
All animal pens, stables or enclosures in which any animal may be kept or confined which from use have become offensive to a person of ordinary sensitivities.
(4) 
The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger personal health and welfare.
(5) 
Persistent laxness in supervision of cats or dogs so that their running at-large results in disturbance to persons of ordinary sensibilities.
(6) 
For any person to keep more than six common household pets, including but not limited to, dogs, cats, birds, ferrets, rabbits, or gerbils, over four months of age in any combination of species.
(Ordinance 0411 adopted 4/11/11)
(a) 
It shall be unlawful to keep any wild animal inside the city.
(b) 
It shall be unlawful to release or allow to run at-large any wild or vicious animal or dangerous reptile.
(Ordinance 0411 adopted 4/11/11)
(a) 
Destruction of Vicious Animals Found Running 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) 
County Animal Control Officer or Chief of Police May Order Removal, Appeal.
The county animal control officer or chief of police may order any owner or person having care, control or custody of any vicious animal or nuisance animal, as defined in Section 2.109 above, to take such animal permanently from the city. This animal must be removed immediately following receipt of such an 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 chief of police or his representative, the city manager or his representative and the city attorney or his representative. Such committee may uphold, reverse or modify the chief of police’s order, and may stipulate restrictions on the animal as a condition to allowing the animal to remain in the city. If the committee upholds the chief of police’s order, the owner or person having care, control, or custody shall not bring the animal back inside the city limits.
(c) 
Failure to Remove.
If the owner or person having care, custody or control of a vicious animal fails to remove such animal as provided for in subsections (a) and (b) above, such animal may be impounded and/or destroyed. The county animal control officer [or] chief of police 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.
(d) 
Report of 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 chief of police, 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.
(Ordinance 0411 adopted 4/11/11)
The following are established as guidelines for pet and animal care and not intended to contravene the provisions for animal cruelty as contained in the Texas Penal Code.
(1) 
No owner shall fail to provide his animals 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) 
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) 
No owner of an animal shall abandon such animal.
(4) 
No person shall crop a dog’s ears, except when the procedure is done by a licensed veterinarian.
(5) 
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal’s owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society.
(Ordinance 0411 adopted 4/11/11)
(a) 
It shall be unlawful to tether or chain a dog unless the person is holding the tether or chain.
(b) 
It shall be unlawful to wrap a tether or chain directly around a dog’s neck, even if the person is holding the tether or chain.
(c) 
This does not apply to temporary, owner supervised, restraint required to protect the safety of the person or dog; or during a lawful animal event, such as walking on a leash, cleaning of a dog pen, veterinary treatment, grooming, training, or law enforcement activity. Tethers must be attached to a collar or harness, and be unlikely to become entangled.
(Ordinance 0411 adopted 4/11/11)