This article shall be applicable only to wild animals, livestock,
other animals, or estrays as defined in this chapter.
(Ordinance 583 adopted 10/1/87; 1999 Code, sec. 91.20)
(a)
Prohibited animals.
It shall be unlawful to keep, harbor,
or maintain within the city limits the following:
(b)
Exceptions.
This section shall not apply to or prohibit
the following:
(c)
Keeping livestock.
Any person desiring to keep livestock
within the city limits shall make application to the city commission
for a permit, which shall expire on December 31 following issuance,
but may be renewed annually in the same manner as provided in this
article.
(1)
The application shall be in writing, forwarded to code enforcement,
containing the following information:
(A)
Applicant’s name, address, and phone number;
(B)
A legal description and the general location of the premises for
which the permit is desired;
(C)
The minimum and maximum number of livestock desired to be kept at
said location; and
(D)
An itemized listing of residences, businesses, or other buildings
within 500 feet of any part of the premises for which the permit is
desired.
(2)
The application shall be directed to the director of code enforcement
for investigation of the premises concerned and he shall report his
findings to the city commission. The city commission shall consider
the application, retaining the right to approve or reject the applicant’s
request for a livestock permit. In addition, the city commission shall
retain the right to revoke any livestock permit if it finds that the
premises are being maintained so as to constitute a public nuisance
or noncompliance with state health regulations.
(d)
Keeping chickens.
No more than 4 chickens per dwelling
shall be allowed within the city limits, and shall further be limited
to single-family residential zones only.
(1)
Chickens kept within the city limits shall be in a secure pen, coop
or enclosure, and such structure shall be of such construction and
strength to keep such animals from running at large, and shall be
no closer than 50 feet from the nearest inhabited dwelling other than
that of the owner. Native wildlife fowl within the parks of the city
are hereby exempted.
(2)
The secure enclosure shall be maintained in a sanitary condition
that does not allow excessive flies to breed and prevents the emission
of odor or noise offensive to persons of ordinary sensibilities in
the neighborhood or the existence of a nuisance dangerous to the public
health.
(3)
A fenced yard shall not qualify as a pen, coop, or hutch.
(4)
No chicken shall be kept within one hundred (100) feet of any private
water well.
(Ordinance 583 adopted 10/1/87; Ordinance 979, sec. 2, adopted 7/7/14; 1999
Code, sec. 91.21)
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 583 adopted 10/1/87; 1999 Code, sec. 91.22)
(a)
The
sheriff or his designee may take up and impound at the animal shelter
any estray found within the city limits in violation of Texas Agriculture
Code chapter 142 (Estrays).
(b)
The
sheriff or his designee may sell any estray impounded under the provisions
of this article at a public auction after having advertised twice
in the local newspaper during the 15 days after the date of impoundment.
In addition, a notice of impoundment with a general description of
the estray shall be posted on the county courthouse.
(c)
Final
disposition of the estray shall be in compliance with Texas Agriculture
Code chapter 142 (Estrays).
(Ordinance 583 adopted 10/1/87; 1999 Code, sec. 91.23)
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 Texas Penal Code, section 42.092 (Cruelty to Nonlivestock Animals) or pursuant to section 3.02.003.
(Ordinance 583 adopted 10/1/87; Ordinance 1072 adopted 10/16/17; 1999 Code,
sec. 91.24)
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 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 time at least five
days prior to the date of the sale and shall state that such animal
or animals will be sold to defray costs 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 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.
(Ordinance 583 adopted 10/1/87; 1999 Code, sec. 91.25)
Any impounded animal which is not reclaimed, or found to be
infected with rabies, seriously injured or determined by the animal
control officer to be unsalable, shall forthwith be destroyed.
(Ordinance 583 adopted 10/1/87; 1999 Code, sec. 91.26)
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 30 days
after the date of sale; otherwise, the animal becomes the absolute
property of the purchaser.
(Ordinance 583 adopted 10/1/87; 1999 Code, sec. 91.27)
