For the purpose of this article, the following words or terms shall have the meanings assigned to them in this section:
Animal.
A domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
At large.
An animal not completely confined by a building, wall or fence of sufficient strength or construction to restrain it, except when such animal is either on a leash, rope, cord or other suitable material, attached to a collar or harness, or held in the hands of the owner or keeper, or kept in the direct supervision of the owner within the limits of the owner’s private property. An animal confined within an automobile or other vehicle shall not be deemed running at large.
Owner.
(1) 
A person who owns, keeps, harbors, controls (physically or by verbal commands) feeds, shelters or aids any animal;
(2) 
A person who is the owner’s agent left in charge of an animal;
(3) 
A person who states that he or she will be responsible for an animal;
(4) 
If the owner of an animal is under the age of 17 years, then the head of the household of such person under age 17 is deemed to be an owner and responsible for the animal. There is a rebuttable presumption that any person who owns, keeps, harbors, controls, feeds, shelters or aids any animal for three (3) consecutive days or more is an owner.
Person.
An individual, corporation, partnership, or firm, whether composed of one or more individuals.
(Ordinance 2014-06, sec. 3, adopted 8/12/14)
(a) 
Public property.
It shall be unlawful for the owner of any dog or cat to permit or allow such dog or cat to run or be at large upon any public highway, street, alley, court, square, park, sidewalk, or other public land or public property within the corporate limits of the city.
(b) 
Unfenced property.
It shall be unlawful for the owner of any dog or cat to permit or allow such dog or cat to be at large upon any unfenced lot, tract, or parcel of land within the corporate limits of the city.
(1977 Code, sec. 2-11; 1977 Code, sec. 2-12)
(a) 
Definitions.
Animal control authority.
The city ordinance control officer, animal warden, the police chief or his designee.
Dangerous dog.
A dog that:
(1) 
Makes an unprovoked attack on a person or animal that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) 
Commits an unprovoked act in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and that act causes a person to reasonably believe that the dog will attack and cause bodily injury to a person or an animal.
Dog.
A domesticated animal that is a member of the canine family.
Owner.
A person who owns or has custody or control of the dog.
Secure enclosure.
A fenced area or structure that is:
(1) 
Locked;
(2) 
Capable of preventing the entry of the general public, including children;
(3) 
Capable of preventing the escape or release of a dog;
(4) 
Clearly marked as containing a dangerous dog; and
(5) 
In conformance with the requirements for enclosures established by the local animal control authority.
(b) 
Requirements for owner of dangerous dog.
(1) 
Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(A) 
Register the dangerous dog with the animal control authority;
(B) 
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; and
(C) 
Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.
(2) 
For purposes of this section, a person learns that the person is the owner of a dangerous dog when:
(A) 
The owner knows of an attack described in subsection (2) of the definition of “dangerous dog” in subsection (a); or
(B) 
The owner is informed by the animal control authority that the dog is a dangerous dog.
(3) 
If a person reports an incident described by subsection (2) of the definition of “dangerous dog” in subsection (a), the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, it shall notify the owner of that fact.
(4) 
An owner, not later than the 30th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to the municipal court. An owner may appeal the decision of the justice or municipal court in the same manner as appeal for other civil cases.
(c) 
Registration.
(1) 
The animal control authority shall annually register a dangerous dog if the owner:
(A) 
Presents proof of:
(i) 
Liability insurance or financial responsibility, as required by subsection (b)(1)(C);
(ii) 
Current rabies vaccination of the dangerous dog; and
(iii) 
The secure enclosure in which the dangerous dog will be kept; and
(B) 
Pays an annual registration fee of $50.00.
(2) 
The animal control authority shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog’s collar.
(3) 
If an owner of a registered dangerous dog sells or moves the dog to a new address within the city, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority of the new address.
(4) 
An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people.
(d) 
Attack by dangerous dog.
(1) 
A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person or animal outside the dog’s enclosure and causes bodily injury to the other person or animal.
(2) 
An offense under this subsection is a class C misdemeanor, unless the attack causes serious bodily injury or death to a person, in which event the offense is a class A misdemeanor.
(3) 
If a person is found guilty of an offense under this subsection the court may order the dangerous dog destroyed by the animal control authority.
(4) 
In addition to criminal prosecution, a person who commits an offense under this subsection is liable for a civil penalty not to exceed $10,000.00. The city attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the city.
(e) 
Violations.
(1) 
A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with subsection (b).
(2) 
An offense under this subsection is a class C misdemeanor.
(f) 
Defense.
(1) 
It is a defense to prosecution under subsection (d) or (e) that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position.
(2) 
It is a defense to prosecution under subsection (d) or (e) that the person is an employee of the institutional division of the state department of criminal justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes.
(3) 
It is a defense to prosecution under subsection (d) or (e) that the person is a dog trainer or an employee of a guard dog company under the Private Security Act (V.T.C.A., Occupations Code, chapter 1702).
(Ordinance 94-09 adopted 9/6/94; Ordinance 2007-03, sec. 1, adopted 5/22/07)
The act of permitting a dog to bark in such a manner as to unreasonably disturb the inhabitants of the community is hereby declared to be a nuisance.
(1977 Code, sec. 2-15)
(a) 
No person, partnership, corporation, or other entity, solely or in concert with other such persons, partnerships, corporations, or other entities, within the city limits of city shall own, possess, keep, harbor or maintain more than three (3) dogs or three (3) cats or a combination thereof. In further explanation of said restriction, but not in limitation thereof, no more than three (3) dogs or three (3) cats or a combination thereof shall be possessed, kept, harbored or maintained in one household, residence or business property within the city limits. A person, partnership, corporation or other entity may apply for a variance from this provision for good cause shown, such variance to be granted in the sole and absolute discretion of the city upon such terms, conditions and restrictions as may be required by the city.
(b) 
Exceptions to subsection (a) above are made for breeders, new liters, kennels and groomers.
(Ordinance 2012-02 adopted 1/10/12)
(a) 
A kennel is any place where a person, partnership, corporation or other entity keeps four (4) or more dogs or cats for the purpose of breeding, buying, selling, trading, showing, training or boarding such animals.
(b) 
Kennels shall comply with the following:
(1) 
Floors shall have a smooth, hard, nonabsorbent, corrosion-resistant surface such as concrete, ceramic tile or other approved materials. Cages with grated floors may be installed above kennel floors. Such grated floors shall be of nonabsorbent, corrosion-resistant materials, sufficient in strength and composition to safely support the animals, protect their feet and legs from injury, and not allow the accumulation of liquids.
(2) 
Floors shall be provided with positive drainage to an approved drainage system. Drainage from a stall or cage shall not flow across or through another stall or cage. Kennel floors shall slope uniformly at a rate of not less than one-fourth (1/4) inch per foot nor more than one-half (1/2) inch per foot to a gutter or floor drain. If provided, gutters shall similarly slope to a drain and have rounded corners to facilitate cleaning. Drains complete with traps and vents shall be installed in accordance with the plumbing code and shall be connected to the city’s sanitary sewer system or to a septic system approved by the environmental health department.
(3) 
The interior surface of kennel walls to a height of six (6) feet above the floor shall be of materials which are smooth, hard, nonabsorbent and non-corrosive. All joints and seams in interior walls surfaces and between the walls and floors shall be sealed to prevent moisture penetration and to prevent the accumulation of solids and liquids.
(4) 
Kennels shall be provided with ventilation during such time as the building is occupied by animals by means of operable exterior openings with an area of not less than one-twentieth (1/20) of the floor area, or shall be provided with a mechanically operated exhaust system capable of providing at least four (4) air changes per hour. Such systems shall be connected directly to the exterior.
(5) 
Outdoor kennels shall provide adequate shelter from sun, rain, and cold weather.
(c) 
The provisions of this section shall not apply to a veterinary clinic, animal hospital or the city pound.
(Ordinance 2007-03, sec. 3, adopted 5/22/07)
(a) 
It is unlawful to cruelly treat an animal. It is the responsibility of the owner to provide good and wholesome food and water, proper shelter and protection from the weather, veterinary care to prevent suffering, and with humane care; and
(b) 
It is unlawful to restrain a dog so as to create an unhealthy situation for the dog or a potentially dangerous situation for a pedestrian, as defined by the city enforcement agent. The terms “unhealthy situation” and “potentially dangerous” shall include, but not be limited to, the following:
(1) 
To restrain a dog in such a manner as to permit the dog access upon any public right-of-way;
(2) 
To restrain a dog in such a manner as to cause the dog injury or pain, or not to permit the dog to reach shelter, food and/or water or otherwise create an unhealthy situation;
(3) 
To restrain a dog in a manner whereby the dog is subject to harassment by humans, stings or bites from outdoor insects, or attacks from other animals;
(4) 
To restrain a dog without using a properly fitted collar or harness. A properly fitted collar measures the circumference of the dog’s neck plus at least one (1) inch;
(5) 
To restrain a dog by using a choke-type, pinch-type, prong-type or any chain-type collar;
(6) 
Any other act of restraint that is not in compliance with the Texas Health and Safety Code, chapter 821, subchapter D, unlawful restraint of dog, sections 821.076 and 821.077.
(Ordinance 2014-06, sec. 2, adopted 8/12/14)
The prohibitions of unlawful restraint, as defined in this section, do not apply to a temporary restraint:
(1) 
During a lawful dog event, veterinary treatment, grooming, training, or law enforcement or activity;
(2) 
That is required to protect the safety or welfare of a person or the dog if the dog’s owner or handler remains with the dog throughout the period of restraint; or
(3) 
For a reasonable period, not to exceed three (3) hours in a twenty-four (24) hour period, and no longer than is necessary for the owner to complete a task requiring temporary restraint.
(Ordinance 2014-06, sec. 2, adopted 8/12/14)
It shall be unlawful for any person to maintain or keep a dog or cat more than four (4) months of age on any premises within the corporate limits of the city, unless the dog or cat wears a collar or harness securely attached to its body to which should be securely attached a tag issued for the dog or cat by a veterinarian licensed to practice veterinary medicine in the state, showing that the dog or cat has been, within the current year, vaccinated against rabies as required by this article, and also securely attached to such collar or harness a license tag showing the dog or cat has been licensed by the city tax collector.
(1977 Code, sec. 2-16; Ordinance adopting 2004 Code)
The city tax collector is hereby authorized to appoint a duly licensed veterinarian as deputy tax collector for the limited purpose of issuing dog and/or cat licenses under the supervision and direction of the city tax collector. Such appointment shall be gratuitous and subject to all the provisions relating to the issuing of such dog and/or cat licenses.
(1977 Code, sec. 2-22)
Each veterinarian appointed under the provisions of this article shall account to the city tax collector periodically for all licenses issued and make remittance to the city tax collector for fees collected, at the times designated by such city tax collector.
(1977 Code, sec. 2-23)
There is hereby levied on every dog and cat more than four (4) months of age, which is kept, harbored, or maintained by the owner in the corporate limits of the city, a license fee of one dollar ($1.00). Dog and cat licenses shall be issued by the city tax collector or by a veterinarian appointed for such purpose upon payment of the license fee and application made upon printed forms provided for such purpose, which application shall state the name and address of the owner or keeper of such dog or cat and the name, breed, color, and sex of the dog or cat being licensed.
(1977 Code, sec. 2-17; Ordinance adopting 2004 Code)
Every person engaged in the commercial business of buying, selling, breeding, or boarding, or who owns, harbors, or keeps three (3) or more dogs and/or cats in a kennel, shall pay an annual license fee of ten dollars ($10.00); provided, however, that any person operating such kennel may elect to license dogs and/or cats as provided in this article.
(1977 Code, sec. 2-18)
Hospitals, clinics, and other premises operated by a licensed veterinarian for the care or treatment of animals are exempt from the provisions of section 2.02.035, except for such duties as are expressly stated. The licensing requirements of this article shall not apply to any dog or cat belonging to a nonresident of the city and kept within the city for no longer than thirty (30) days, provided all such dogs or cats shall at all times while in the city be kept within a building, enclosure, or fence, or by restraint by the owner.
(1977 Code, sec. 2-19)
Upon payment of the license fee, the city tax collector or any other person designated by him shall issue to the owner of any dog or cat a metallic tag for each dog or cat which is licensed.
(1977 Code, sec. 2-20)
The city tax collector or any other person designated by him shall not issue any license or license tag for any dog or cat until the owner or person in charge of such dog or cat shall have obtained and presented to such city tax collector a certificate from a veterinarian licensed to practice veterinary medicine in this state that such dog or cat has been vaccinated for rabies during the year for which the license is applied.
(1977 Code, sec. 2-21)
Dog and cat license tags shall not be transferred from one dog or cat to another dog or cat, and it shall be unlawful for the owner or person having custody of any dog or cat to transfer such license tag from the dog or cat to which the tag was issued to any other dog or cat.
(1977 Code, sec. 2-24)
The city tax collector or any other person designated by him is authorized to accept proof that a dog or cat has been vaccinated in the current year in another place rather than the city, provided sufficient proof is given.
(1977 Code, sec. 2-25)