This chapter shall commonly be referred to as the animal control
ordinance.
(Ordinance adopted 9/22/03, sec.
1(A))
It is the intent and purpose of this chapter to protect the
citizens of the city and visitors from the harmful effects of dangerous
or loose animals.
(Ordinance adopted 9/22/03, sec.
1(C))
This chapter provides regulatory standards throughout the city’s
incorporated municipal boundaries (i.e., city limits), but not the
extraterritorial jurisdiction (ETJ).
(Ordinance adopted 9/22/03, sec.
1(D))
Words and phrases used in this chapter shall have the meanings
set forth in this section. Words and phrases which are not defined
in this chapter but are defined in other ordinances of the city shall
be given the meanings set forth in those ordinances. Other words and
phrases shall be given their common, ordinary meaning unless the context
clearly requires otherwise. Headings and captions are for reference
purposes only, and shall not be used in the interpretation of this
chapter. The following definitions shall apply in the interpretation
and enforcement of this chapter:
Any canine or feline that is six (6) months of age or older.
Any living creature, domestic or wild, including, but not
limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles,
insects, fowls, chickens and livestock, but specifically excluding
human beings.
The person(s) designated by the city council to enforce this
chapter. Unless otherwise stated, this term shall refer to the city
police department and its agents and assigns.
Any animal not kept under restraint.
Any member of the feline family, Felis catus.
Vaccinated and satisfying the following criteria:
Any member of the canine family, Canis familiaris.
Any Mustela putorius furo.
An animal that has escaped from domestication and reverted
to a wild state.
An animal with an unruly and aggressive temperament.
To place an animal in the city’s animal control facility
or other appropriate facility, or the taking into custody of an animal
for purposes of transportation to the city’s animal control
facility or other appropriate facility.
The separation from others of an animal exposed or potentially
exposed to a contagion.
A practitioner of veterinary medicine who holds a valid license
to practice his/her profession in the state.
Any or all of the following: bovines, equines, swine, goats,
sheep, poultry; or any other animal or fowl.
Any member of the swine family which has, through selective
breeding, been genetically manipulated so as to attain a maximum height
of twenty-four (24) inches at the shoulder and a maximum weight of
one hundred (100) pounds.
A person who has, harbors or keeps, or causes or permits
to be harbored or kept, or has an animal in his care, or who permits
an animal to remain on or about his/her premises.
An individual, corporation, organization, government agency,
business, trust, partnership, association, or any other legal entity.
Any animal not normally born and raised in captivity, including
but not limited to the following:
Class Reptilia: Family Helodermatidea (the venomous lizards)
and all Varanidae (monitor); order Ophidi; family Boidoe (boas, pythons,
anaconda); family Hydrophiidae (marine snakes); family Viperidae (rattlesnakes,
pit vipers and true vipers); family Elapidae (coral snakes, cobras
and mambas); family Colubridae, Disholidus typus (boomslang), Cyclagras
gigas (water cobra), Boiga dendrophila (mangrove snake) and Kirtlandii
(twig snake) only; order Crocodilia (crocodiles, alligators and gavials);
Class Aves: Order Falconiforms (such as hawks, eagles and vultures)
and subdivision Rapitae (such as ostriches, rhea, cassowaries, and
emus);
Class Mammalia: Order Carnivora (family Felidae), except cats;
family Canidae (such as wolves, dingos, coyotes and jackals), except
dogs; family Mustelidae (such as weasels, skunks, martins, mink, badgers);
family Procyonidae (raccoon); family Ursidae (such as bears); order
Marsupalia (such as kangaroos, opossums); order Chiroptera (bats);
order Edentata (such as sloths, anteaters and armadillos); order Proboscidea
(elephants); order Primata (such as monkeys, chimpanzees and gorillas);
order Rodentia (such as porcupines); and order Ungulata (such as antelope,
deer, bison, and camels);
Class Amphibia: Poisonous frogs.
The term “prohibited animal” does not include normal
household pets, such as a psittacine bird, canary, finch, cockatiel,
hamster, gerbil, guinea pig, rabbit, domestic ferret, fish, invertebrate,
crustacean, or small nonpoisonous reptiles and amphibians.
To detain and isolate on account of suspected contagion.
Any animal kept securely caged or secured by a leash or lead,
or under the immediate effective control, supervision and attention
of a responsible person, and obedient to that person’s commands,
or within the confines of its owner’s home or yard which is
fully enclosed by a good, secure, and substantial fence.
With respect to an attack or attempt to attack by a dog,
means that the dog was not hit, kicked, or struck by a person with
any object or part of the attacked person’s body nor was any
part of the dog’s body pulled, pinched, or squeezed or in any
other manner provoked by the person attacked.
A protective inoculation against rabies by inoculation with
antirabic vaccine recognized and approved by the United States Department
of Agriculture, Bureau of Animal Industry, given in an amount sufficient
to provide immunity.
A certificate evidencing that the animal described thereon
has received an inoculation of antirabic vaccine in an amount sufficient
to produce an immunity and bearing the signature of a licensed veterinarian.
Any animal except the common domestic species (dogs, cats,
horses, livestock and other common farm animals), regardless of the
state or duration of captivity. Such animals shall include, but are
not limited to, the following animals:
(Ordinance adopted 9/22/03, sec.
1(E); Ordinance adopting Code)
(a)
Citations or violation notices.
For the purpose of enforcing
this chapter, the animal control officer, any city police officer,
or the city’s authorized representative shall be empowered to
issue citations or violation notices to any person who is found in
violation of any of the provisions of this chapter.
(b)
Enforcement generally.
The city shall have the power
to administer and enforce provisions of this chapter as may be required
by governing law. Any person violating any provision of this chapter
is subject to suit for injunctive relief as well as prosecution for
ordinance violations.
(c)
Criminal penalty.
Any person violating any provision of this chapter shall, upon conviction, be fined a sum in accordance with section 1.01.009 of this code. Each day that a provision of this chapter is violated shall constitute a separate offense.
(d)
Additional remedies; civil penalty.
Nothing in this
chapter shall be construed as a waiver of the city’s right to
bring a civil action to enforce the provisions of this chapter and
to seek remedies as allowed by law, including but not limited to the
following:
(1)
Injunctive relief to prevent specific conduct that violates this
chapter or to require specific conduct that is necessary for compliance
with this chapter;
(2)
A civil penalty up to one thousand dollars ($1,000.00) a day when
it is shown that the defendant was actually notified of the provisions
of this chapter and after receiving notice committed acts in violation
of this chapter or failed to take action necessary for compliance
with this chapter; and
(3)
Other available relief.
(Ordinance adopted 9/22/03, sec.
25)
For the purpose of discharging the duties imposed by this chapter
and to enforce its provisions, the animal control officer or his authorized
representative is hereby empowered to enter upon any private property
for the purpose of ascertaining whether any animal present, kept or
harbored thereon is afflicted with rabies, or whether or not a vaccination
license certificate and tag has been secured for any dog or cat, or
to ascertain compliance with any other section of this chapter.
(Ordinance adopted 9/22/03, sec.
22)
It shall be unlawful for any person to interfere with, hinder
or impede any animal control officer in the execution or performance
of his duty under the provisions of this chapter.
(Ordinance adopted 9/22/03, sec.
23)
It shall be unlawful for any person to rescue or turn loose
impounded animals from an animal control officer’s vehicle,
live animal traps or an animal control facility. This section does
not apply to the city animal control officer or duly authorized city
personnel.
(Ordinance adopted 9/22/03, sec.
24)
The city may maintain suitable facilities, to be known as the
animal control facility, for the confinement of all animals found
free of restraint and/or in violation of the provisions of this chapter.
The city may contract for animal control facilities as allowed by
law.
(Ordinance adopted 9/22/03, sec.
2)
(a)
It
shall be unlawful for any person owning or in possession of any animal
to permit it to be free of restraint either inside or outside such
person’s premises.
(b)
All
animals permitted to be kept within the city must be restrained at
all times within the owner’s premises by a secure fence, or
on a leash or lead.
(c)
Prosecution
of any owner or person in possession of any animal for the offense
described herein may be instituted in the municipal court by any person
filing a sworn complaint charging such owner or person in possession
with such offense.
(Ordinance adopted 9/22/03, sec.
5)
The following shall be considered a public nuisance and shall
be unlawful:
(1)
The
keeping of an animal in such a manner as to endanger the public health
by the accumulation of animal waste which causes foul and offensive
odors considered to be a hazard to other animals or human beings.
(2)
To
permit or allow an animal to defecate upon private or public property
other than the property of the owner of said animal and to fail to
remove and dispose of in a sanitary manner any feces left by such
animal.
(3)
Property
not kept free from carrion or other putrescible material.
(4)
The
keeping of bees in such a manner as to deny the lawful use of adjacent
property or endanger the health and safety of others.
(5)
The
keeping of any animal which causes loud and unusual or frequent barking,
howling or other noise that disturbs the peace and quiet of any person
of ordinary sensibilities.
(6)
The
breeding, raising or keeping of any fighting roosters, game cocks
or other fowls which are to be used for fighting purposes.
(Ordinance adopted 9/22/03, sec.
12)
(a)
It
shall be unlawful for any person to sell, offer for sale, rent, barter
or give away as toys, premiums or novelties, baby chickens, ducklings
or other fowl under three (3) weeks old, or rabbits under two (2)
months old, unless the manner or method is first approved by the animal
control officer.
(b)
It
shall be unlawful to color, dye, stain or otherwise change the natural
color of any chickens, ducklings, or other fowl or rabbits, or to
possess for the purpose of sale, or to be given away, any of the above-mentioned
animals which have been so colored.
(Ordinance adopted 9/22/03, sec.
13)
(a)
It
shall be unlawful to own, possess, keep or harbor any wild, wild-hybrid,
or prohibited animal within the city.
(c)
A
permit for possession of a prohibited animal may be issued to:
(d)
Dangerous
wild animals, as defined in V.T.C.A., Health and Safety Code, section
822.101, shall be regulated in accordance with the provisions of V.T.C.A,
Health and Safety Code, chapter 822, subchapter E, section 822.101
et seq.
(Ordinance adopted 9/22/03, sec.
14; Ordinance adopting Code)
It shall be unlawful for any person to own or be in possession of any live animal defined as a “prohibited animal” or “wild animal” in section 2.01.004.
(Ordinance adopted 9/22/03, sec.
19)
(a)
Keeping swine.
It shall be unlawful for any person to
keep any swine within the city except miniature swine as defined herein.
(b)
Keeping cows or horses.
It shall be unlawful for any
person to keep a cow or horse on any premises, the overall area of
which is less than one-third of an acre for each cow or horse kept,
or keep more of said animals than can be cared for under sanitary
conditions. The total number of cows or horses permitted shall not
exceed one adult per one-third acre for the first acre, and two adults
per acre for each additional acre over two acres of a single tract
of land.
(c)
Enclosures.
Livestock pens, stables, corrals, or enclosures
shall be capable of preventing the entry of the general public and
capable of preventing the escape of the livestock.
(d)
Exemptions.
FHA and FFA (or their successor organizations)
projects are exempt from the provisions of this section.
(Ordinance adopted 9/22/03, sec.
15; Ordinance adopting Code)
The owner or person who has custody or control of any animal
shall comply with the following standards:
(1)
All
manure and other animal waste shall be removed from pens, corrals,
cages, yards, or other enclosures, as necessary to control foul and
offensive odors, to an approved disposal site;
(2)
Refuse
on the premises shall be removed and disposed of by means approved
by the animal control officer;
(3)
Watering
troughs or tanks shall be equipped with an adequate facility so as
to prevent breeding of flies, mosquitoes or other insects; and
(4)
No
putrescible material shall be allowed to accumulate on the premises,
and all such materials shall be removed and disposed of by sanitary
means.
(Ordinance adopted 9/22/03, sec.
16)
(a)
The
owner or person who has custody or control of any animal shall provide:
(1)
Sufficient nutritious and wholesome food, served to the animal in
clean containers, to maintain the animal in good health;
(2)
Clean and wholesome water, served to the animal in a clean container,
such water to be available to the animal at all times;
(3)
Adequate shelter and protection from the weather at all times; and
(4)
Veterinarian care as needed to prevent suffering.
(b)
It
shall be unlawful for an owner or other person having custody or control
of any animal to abandon such animal.
(c)
It
shall be unlawful for any person to beat, starve or overwork or to
otherwise abuse any animal.
(Ordinance adopted 9/22/03, sec.
17)
Persons walking dogs on streets and in other public places shall
be responsible for the immediate cleanup of their animal’s feces.
Failure to comply will constitute an offense under this chapter.
(Ordinance adopted 9/22/03, sec.
18)
(a)
Limitation.
It shall be unlawful for any person or persons
to maintain or keep, in the aggregate, more than four (4) adult dogs
and/or cats on premises within the corporate limits of the city. Veterinarian
facilities, pet shops, and the animal control facility are exempt
from this requirement.
(b)
Variances.
(1)
Authorized.
The city council, upon application for a
variance to this section as hereinafter provided, may grant, deny,
or grant with conditions, in whole or in part, an application for
variance to this section.
(2)
Compliance.
It shall be unlawful for any person or persons
to maintain or keep on premises within the corporate limits of the
city more than the number of adult dogs and/or cats designated by
the city council in the variance granted to such person or persons.
(3)
Designation of number of animals.
The city council,
upon granting a variance to this section, shall designate the number
of adult dogs and/or cats authorized to be maintained or kept by the
variance granted, but in no event shall the number of adult dogs and/or
cats authorized by the granting of the variance to this section exceed,
in the aggregate, six (6) adult dogs and/or cats.
(4)
Revocation procedure.
(A)
The city council, after notice to the person or persons granted a
variance to this section, and after conducting a hearing thereon,
may revoke the variance granted to such person or persons.
(C)
The notice shall be mailed to the address of the person or persons
by certified mail, return receipt requested.
(5)
Record of decision on revocation.
The decision of the
city council considering the revocation of the variance granted to
the person or persons shall be attached to the person’s or persons’
application for variance to this section and be maintained on file
in the office of the city secretary in accordance with the recordkeeping
practices of that office.
(6)
Application for variance.
(A)
Any person desiring to maintain or keep in the aggregate more than
four (4) adult dogs and/or cats within the corporate limits of the
city may file a written application with the city secretary requesting
the city council to grant his or her written application for variance
to this section.
(B)
The written application must contain the following information:
(i)
The name(s) and address(es) of the person(s) making such application
for variance;
(ii)
The applicant’s reason(s) for requesting the variance;
(iii)
The names and addresses of all property owners residing within
a 200-foot radius of the applicant’s property lines;
(iv)
The number of adult dogs and/or cats the applicant desires to
maintain or keep in excess of the basic number of adult dogs and/or
cats allowed by this section;
(v)
An animal care verification form completed and signed by a licensed
veterinarian;
(vi)
Proof of sterilization of animals requested to be kept in excess
of this section; and
(vii)
The application must be signed and dated by the applicant.
(C)
A fee in the amount established by city council must accompany each
application to cover the expense of processing the application and
notifying adjacent property owners of the applicant’s request
for variance to this section.
(D)
The city secretary, upon receipt of the application for variance
and the application fee, shall then do the following:
(i)
Place such application on the agenda of the regularly scheduled
city council meeting following the next regularly scheduled city council
meeting;
(ii)
Notify the applicant of the date such application will be considered
by the city council; and
(iii)
Notify by mail all property owners within a two hundred (200)
foot radius of the applicant’s property lines of the application
for variance to this section and the date that the city council will
consider the application for variance.
a.
All notices to said property owners shall be a standardized
form and contain a provision requesting that the property owner indicate
his/her consent or objection to the variance application and return
such form to the city secretary on or before the date of the scheduled
hearing on the application for variance.
b.
All such returned forms shall be open for inspection at the
office of the city secretary during regular business hours.
(7)
Hearing on variance; record of decision.
(A)
The city council shall hear all applications for variances to this
section at a regularly scheduled council meeting. The council, in
determining whether to grant or deny a variance application, may consider
the following factors:
(i)
The size or breed of dogs and/or cats;
(ii)
The applicant’s lot size;
(iii)
The number of runs or pens;
(iv)
The sterilization status of the dogs and/or cats;
(v)
The applicant’s fencing;
(vi)
The objections to the application from property owners within
a two hundred (200) foot radius of applicant’s property lines;
and
(vii)
All other matters deemed relevant by the council to the application
for variance.
(B)
The decision of the city council considering the application for
variance to this section shall be noted on the application by the
city secretary, and thereafter the application and any attending documents
shall be maintained on file in the office of the city secretary in
accordance with the recordkeeping practices of the office of the city
secretary.
(Ordinance adopted 9/22/03, sec.
20; Ordinance adopting Code)
