As used in this chapter, the following words shall have the
meanings ascribed to them in this section:
The release of the animal from the care, custody, and control
or ownership of the releasing agency to a person who agrees to assume
ownership responsibilities for the care of that animal.
Any living vertebrate creature, domestic or wild, other than
Homo sapiens.
Any pet shop, kennel, grooming shop, auction, performing
animal exhibition, flea market, or other facility engaged in the handling
of domestic animals, excluding veterinary clinics, hospitals or individual(s)
licensed or having a certificate of occupancy to care for animals.
Reasonable charges incurred for the care and maintenance
provided by the rabies prevention section for impounded non-quarantined
or quarantined animals. Amounts of the “applicable fees”
are established by the city council.
Any animal not kept under restraint.
A commonly domesticated member of the Felidae (feline) family,
other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar
or other prohibited animal.
A legally granted privilege, upon compliance with the terms
of this chapter, to own, keep, harbor, or have custody or control
of a cat within the city.
A metal tag authorized by the city for attachment to a cat
collar, which displays a serial number corresponding to the number
of the cat license for such animal, and which shows the year the license
was issued by the city or a designated veterinarian.
A commercial variety show featuring animal acts for public
entertainment.
A dog that:
Makes an unprovoked attack on a person 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
When unprovoked, chases or approaches a person upon any public
or private property in a menacing fashion or apparent attitude of
attack such that a reasonable person would believe the animal would
cause physical injury to the person.
A licensed veterinarian who has been approved by the city
to collect fees for and issue cat license tags or dog license tags
for animals upon proof of an owner’s current rabies vaccination
for that animal.
A commonly domesticated member of the Canidae (canine) family,
other than a wolf, jackal, fox, dingo, coyote, or other prohibited
canines.
A legally granted privilege, upon compliance with the terms
of this chapter, to own, keep, harbor or have custody or control of
a dog within the city.
A metal tag authorized by the city for attachment to a dog
collar, which displays a serial number corresponding to the number
of dog license for such animal, and which shows the year the license
was issued by the city or a designated veterinarian.
Includes livestock, caged or penned fowl other than animals
belonging to the class Aves, order Falconiforms and subdivision Raptae,
and normal household pets, such as, but not limited to, dogs, cats,
cockatiels, hamsters, guinea pigs, gerbils, rabbits, fish, or small
nonpoisonous reptiles, or nonpoisonous snakes of a species which does
not reach a length greater than six feet (6').
Any bird.
Any dog which as been trained for the purpose of protecting
property by a guard dog company which is required to be licensed pursuant
to V.T.C.A., Occupations Code, chapter 1702, as amended from time
to time.
The individual designated by the city to hold determination
hearings for vicious/dangerous animals. The hearing officer shall
have a working knowledge of animal behavior.
Animals which have a high probability of transmitting rabies,
including but not limited to skunks, bats, foxes, and raccoons.
To take an animal into custody by the city; impoundment shall
begin at the time a designated city employee takes control of an animal
either by hand, rope, trap, projectile or confinement to a vehicle.
Has the meaning as defined by section 61.003(8) of the Education
Code, V.T.C.S., as amended from time to time.
Any premises in which more than four (4) dogs four (4) months
of age or older are kept, or where the business of buying, selling,
breeding, grooming, training or boarding of dogs is conducted; does
not include veterinary hospitals or humane societies.
A human being authorized to practice veterinary medicine
who is currently licensed by the state board of veterinary medical
examiners.
A horse, stallion, mare, gelding, filly, colt, mule, hinny,
jack, jennet, hog, sheep, goat, or a herd of any species of cattle.
Animals which have a low probability of transmitting rabies,
including, but not limited to, all animals of the orders Marsupialia,
Insectivora, Rodentia, Lagomorpha and Zenarthra.
Those uses of an animal made by a medical school by which
personnel authorized by the medical school, including but not limited
to students, physicians, and employees, perform procedures or surgery
upon animals in order to acquire or enhance their skills or knowledge.
An institution of higher education which provides for the
teaching and training of students in the practice of medicine and
which is accredited by the American Association for Accreditation
of Laboratory Animal Care.
A person who owns or has custody or control of the dog.
Any person who owns, keeps, shelters, maintains, feeds, harbors
or has temporary or permanent custody of a domestic or prohibited
animal, or who knowingly permits a domestic or prohibited animal to
remain on or about any premises occupied by that person over which
that person has control. An animal shall be deemed to be owned by
a person who harbored it, fed it or sheltered it for three (3) consecutive
days or more.
An individual, corporation, or association.
Any animal kept for pleasure rather than utility.
A commercial enterprise regularly engaged in the buying,
selling, grooming, breeding or boarding of animals.
Any place where people congregate, such as public buildings,
parks, schools, flea markets and recreation areas; does not include
a private residence or residential or commercial street.
Any animal not normally born and raised in captivity, including
but not limited to the following:
Class Reptilia.
Family Helodermatidae (the venomous lizards) and Varanidae
(monitor); order Ophidia, family Biodae (boas, pythons, anacondas);
family Hydrophidae (marine snakes); family Viperidae (rattlesnakes,
pit vipers and true vipers); family Elapidae (coral snakes, cobras,
and mambas); family Colubridae, Dispholidus typus (boomslang), Biola
dendrophilia (mangrove snake) and Kirtlandii (twig snake only); order
Crocodilia (such as crocodiles and alligators);
Class Aves.
Order Falconiforms (such as hawks, eagles, falcons and vultures)
and subdivision Raptae (such as ostriches, rheas, cassowaries and
emus);
Class Mammalia.
Order Carnivores, the family Felidae (such as lions, tigers,
bobcats, jaguars, leopards and cougars), except commonly domesticated
cats; the family Canidae (such as wolves, dingos, coyotes, foxes and
jackals), except commonly domesticated dogs; the family Mustelidae
(such as weasels, skunks, martins, ferrets, minks, badgers); family
Procyonidae (raccoon); family Ursidae (such as bears); order Marsupialia
(such as kangaroos, opossums, koala bears, wallabys, bandicoots, and
wombats); order Chiroptera (bats); order Edentata (such as sloths,
anteaters, and armadillos); order Proboscidae (elephants); order Primata
(such as monkeys, chimpanzees, orangutans, and gorillas); order Rodentia
(such as beavers, porcupines); and order Ungulata (such as antelope,
deer, bison and camels);
Class Amphibia.
Poisonous frogs.
Does not include fowl or normal household pets, such as, but
not limited to, dogs, cats, cockatiels, hamsters, guinea pigs, gerbils,
rabbits, fish, or small nonpoisonous reptiles, or nonpoisonous snakes
of a species which does not reach a length greater than six feet (6').
Whatever is declared by the city to be dangerous to human
life, health or welfare, or to threaten to become detrimental to the
public health or welfare.
To take into custody and place in confinement isolated from
human beings and other animals in such a way as to preclude the possibility
of disease transmission. The quarantine period of a biting dog or
cat in rabies quarantine is ten (10) days from the date of the bite,
scratch or other exposure, or as recommended by the regional veterinarian
from the department of state health services.
Any facility operated or designated by the city for the purpose
of impounding and caring for animals as prescribed by law.
Any authorized agent(s) or employee(s) of the city charged
with the duty of enforcing any and all sections of this chapter.
An animal pound, animal control center, animal shelter, or
nonprofit organization licensed or possessing a certificate of occupancy
to care for animals.
An animal is under restraint under the following conditions:
It is securely caged or confined to its owner’s home,
yard, or commercial establishment;
It is accompanied by its owner or trainer at a bona fide dog
show, field trial or exhibition;
It is secured by a leash of at least five (5) and not more than
ten (10) feet in length and of sufficient strength to control the
animal while the animal is being walked. A longer chain or cable device
may be used to secure an animal in a yard as long as the animal may
not travel out of the yard while so restrained;
A specially trained dog is used by a blind or deaf individual
to aid him/her within the city;
A guard dog is in the performance of duty in a secure enclosure
which is marked on all sides with signs in four-inch (4") letters
stating “Guard Dog” and clearly visible to the public;
or
A dog is in a place of public assembly and effectively and securely
muzzled in order to prevent the dog from biting.
Any condition of good order and cleanliness which discourages
and limits disease transmission.
A nonresidential structure or fenced area attached thereto
that is:
Locked;
Capable of preventing the entry of the general public, including
children;
Capable of preventing the escape or release of a dog;
Clearly marked as containing a dangerous dog;
Located in an area that is not zoned residential; and
In conformance with the requirements for enclosures established
by the local rabies prevention authority.
Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple stitches or cosmetic surgery or that
results in death.
Surgical removal of the reproductive organs of a dog or cat
to render the animal unable to reproduce.
Any animal at large which is not wearing license tags or
other means of ready identification or which is unowned.
An incident in which a dog which attacked a human being or
an animal was not hit, kicked, or struck by a human being with any
object or part of a human being’s body, nor was any part of
the dog’s body pulled, pinched, or squeezed by a human being,
nor was the dog taunted or teased by any human being, nor was the
human being in the dog’s territory on the property of the dog’s
owner at the time of the attack.
Unless otherwise indicated, an animal vaccinated against
rabies within the past twelve (12) months by a licensed veterinarian.
The certificate issued by a licensed veterinarian on a form
approved by the state board of health for presentation to the rabies
prevention center as a condition precedent to the granting of a dog
or cat license and showing on its face that, at the time of such presentation,
the dog or cat covered thereby has been vaccinated for rabies.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of disease and injuries to animals.
An animal which meets any of the following criteria:
An animal that has bitten two (2) or more human beings within
a twelve (12) consecutive month period or one (1) human being on two
(2) or more occasions within a twelve (12) consecutive month period;
An animal that has killed a human being or another animal which
was properly restrained; or
An animal that has attacked a human being with the nature of
the attack or the resulting injury being such as might endanger the
life or permanent health of the human being.
Any animal except the common domestic species (dogs, cats,
horses, livestock and other common farm animals), regardless of the
state or duration of captivity.
Any permanent collection of living animals for public display,
other than a pet shop or kennel, displaying or exhibiting one (1)
or more species of animals.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.101; Ordinance 618-10, sec. 2(1), (2), adopted 6/21/10; Ordinance 632-11, sec. 2(1), adopted 3/21/11)
(a)
It
is the purpose of this chapter:
(1)
To provide regulations by which the transmission of rabies to human
beings and domestic animals can be prevented and controlled in the
city;
(2)
To regulate and control unwanted, stray dogs and cats in the city;
(3)
To encourage responsible animal ownership and care;
(4)
To protect the public health, safety and welfare of the city.
(b)
The
provisions of this chapter shall not be construed to authorize the
keeping of any animal in violation of any other city ordinance, state
or federal statute or law.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.102; Ordinance 618-10, sec. 2(3), adopted 6/21/10)
(a)
The
rabies prevention section shall be in the charge of a person having
suitable qualifications and designated by the city as the rabies prevention
officer.
(b)
In
addition to the duties specifically prescribed in this chapter, it
shall be the responsibility of the rabies prevention officer to execute
such other duties under the jurisdiction of the city as the city may
delegate.
(c)
The
rabies prevention officer shall manage the operation of the rabies
prevention section.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.103)
All of the regulations provided in this chapter and the functions
and duties of all officers, agents, servants or employees of the city
in the enforcement of this chapter are declared to be governmental
and for the benefit, health and welfare of the general public. Any
city official or employee charged with the enforcement of this chapter,
acting for the city in the discharge of his or her duties, shall not
thereby render himself or herself personally liable by the performance
of any act required or permitted in the discharge of his or her duties.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.104)
(a)
Any
violation, disobedience, omission, neglect, failure or refusal to
comply with the enforcement of any of the provisions of this chapter
shall be punishable by a fine not to exceed two thousand dollars ($2,000.00)
for each violation. Each day that a violation is permitted to exist
shall constitute a separate offense.
(b)
If any person is found guilty of having violated section 2.01.014 of this chapter, any license held by such person under this chapter shall be automatically revoked.
(c)
Enforcement
of the provisions of this chapter may be by any municipal police officer,
or person designated by the city administrator, except for the provisions
of article 2.04, which shall be enforced by the rabies prevention
officer or designee.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.105; Ordinance 618-10, sec. 2(4), adopted 6/21/10)
Any reference made in this chapter to any other law, statute,
code, ordinance, rule or regulation is intended to incorporate such
material as it presently exists and also any future amendments, changes,
revisions, repeals, or recodifications of such material, unless otherwise
expressly provided.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.106)
It shall be unlawful for any person to interfere with a rabies
prevention officer while engaged in the performance of his or her
duties. A person interferes with a rabies prevention officer if he
or she:
(1)
Releases
or causes an animal to be released after a rabies prevention officer
has impounded the animal; or
(2)
Physically
constrains movement of a rabies prevention officer or his or her vehicle
or equipment by:
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.107)
(a)
The
owner of any animal allowed by this chapter to be kept in the city
shall comply with the following standards of sanitation for that animal:
(1)
Remove manure and droppings from pens, stables, yards, cages and
other enclosures and handle or dispose of the excretions in such manner
as to keep the premises free of any nuisance.
(2)
Place food only in impervious containers or on impervious surfaces.
(3)
Equip watering troughs or tanks with adequate facilities for draining
the overflow.
(b)
Such
standards of sanitation shall be administered by the rabies prevention
officer.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.108)
The rabies prevention officer shall have the authority to inspect
animals and/or premises. For purposes of discharging the duties imposed
by the provisions of this chapter or other applicable laws, the rabies
prevention officer may enter upon private property to the full extent
permitted by law.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.109)
Where premises do not comply with the provisions of this chapter,
or if any health ordinance or law is not observed, the rabies prevention
officer may, upon written notice to the person owning or controlling
the premises, order the correction of the objectionable conditions.
In addition to any criminal proceeding, failure to comply with such
order shall entitle the city to obtain relief by injunction.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.110)
It shall be unlawful to have more than five (5) pets living
or located at one household.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.111)
Whatever the rabies prevention officer determines to be dangerous
to human life or health, or that is offensive to the senses, or that
is or threatens to become detrimental to the public health, is hereby
declared to be a nuisance and shall be unlawful, and the specific
acts, conditions, and things set forth in this chapter are, among
others, declared to be nuisances and prohibited and made unlawful.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.112)
(a)
It
shall be unlawful for an owner or person in control of an animal,
other than a cat, to fail to keep the animal under restraint at all
times as defined in this chapter.
(b)
It
shall be unlawful for an owner to fail or refuse to exercise diligent
care and control of his or her animal to prevent such animal from
becoming a public nuisance.
(Ordinance adopting 1993 Code; 1993
Code, art. 2.200)
(a)
It
shall be unlawful for a person to crop a dog’s ears, dock a
tail, remove dew claws or perform other surgical procedures on a dog
or a cat except as provided by the veterinary licensing act.
(b)
It
shall be unlawful for a person to sell or deliver live chickens, ducklings,
goslings, or rabbits less than eight (8) weeks of age to any person
in quantities of less than five (5).
(c)
It
shall be unlawful for a person to sell, offer for sale, barter or
display any living chickens, rabbits, ducks or any other fowl or animal
which has been dyed, colored or otherwise treated so as to impart
to them an artificial color.
(d)
It
shall be unlawful for a person to give away any live animal as a prize
or inducement for the purpose of attracting trade or business.
(e)
It
shall be unlawful for a person to use steel jaw or leg-hold traps
except in the case of rat control.
(f)
If
a county sheriff, a municipal police officer or an officer who has
responsibility for rabies prevention/animal control in a municipality
has reason to believe that an animal has been or is being “cruelly
treated” as defined by chapter 821, subchapter B, Texas Health
and Safety Code, that person may apply to a municipal court in the
municipality in which the animal is located for a warrant to seize
the animal. The officer executing the warrant shall cause the animal
to be impounded and shall give written notice to the owner of the
animal of the time and place of the hearing.
(g)
(1)
If the court finds that the animal’s owner has cruelly treated
the animal, the court shall:
(A)
Order a public sale of the animal by auction;
(B)
Order the animal given to a nonprofit shelter, pound, or society
for the protection of animals; or
(C)
Order the animal humanely destroyed if the court decides that the
best interests of the animal or that the public health and safety
would be served by doing so.
(2)
If the court finds that the animal’s owner has cruelly treated the animal and that the animal is farm livestock, the owner shall be divested of ownership and the court shall order a public sale of the animal by auction, order the animal given to a nonprofit animal shelter, pound, or society for the protection of animals, or order the animal humanely destroyed if the court decides that the best interests of the animal or the public health and safety would be served by doing so. In this subsection, “farm livestock” means cattle, hogs, sheep, goats, mules, horses, jacks, jennets, or poultry raised or used on a farm or ranch for food or for the production of legal income. The court may order that an animal disposed of under subsection (g)(1) or (g)(2) be spayed or neutered at the cost of the receiving party.
(h)
The
court shall order the animal returned to the owner if the court does
not find that the animal’s owner has cruelly treated the animal.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.801; Ordinance 618-10, sec. 2(6), adopted 6/21/10)
It shall be unlawful for a person to sell, offer for sale, barter,
trade, keep, own, maintain, use or have in a person’s possession
or on premises under such person’s control any of the following:
(1)
Any vicious animal except as provided in section 2.02.004 pursuant to a final determination that dog is vicious/dangerous; or
(2)
Any
prohibited animal; provided, however, that this section shall not
apply to a bona fide zoological park, circus, education institution,
museum, licensed laboratory, publicly owned nature center, or animals
kept by bona fide members of an education or scientific association
or society approved by the director of health, or persons holding
permits from an agency of the state or the United States for the care
and keeping of animals for rehabilitative purposes. If a person holds
a permit from the state department of parks and wildlife to operate
a wildcare center in the city, the permit holder must also comply
with the city comprehensive zoning ordinance, as amended, and must
keep any and all animals or reptiles in cages of sufficient size,
construction, and strength to restrain the animal or reptile at all
times.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.802)
(a)
All guard dogs shall be registered with the rabies prevention officer prior to being used as guard dogs and thereafter registered annually. A properly registered guard dog may only be used in a secure enclosure. The dog license tag for a guard dog issued under section 2.02.008 [2.03.001] shall be of an easily identifiable shape and color and must be worn on the dog at all times.
(b)
A guard dog that commits an unprovoked bite upon a human being or animal shall be quarantined as required in section 2.05.002 [2.04.002]. If a person committing a crime is bitten by a guard dog that is protecting life or property, the animal may be observed at a facility approved for quarantine as directed by the rabies prevention officer or his or her authorized representative.
(c)
That
portion of the Private Security Act, V.T.C.A., Occupations Code, chapter
1702, which refers to guard dog companies and restrictions on the
use of guard dogs is hereby adopted by reference.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.803; Ordinance 632-11, sec. 2(2), adopted 3/21/11)
(a)
If
the city is asked to pick up a small dead animal from any premises,
the owner of the animal or the person in control of the premises on
which the animal is located shall pay the sum established by city
council for each animal which the city picks up.
(b)
Owners
are responsible for the proper disposition of large dead animals other
than a dog or cat.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.804)
