This article shall be applicable only to wild animals, livestock, other animals, or estrays as defined in this chapter.
(Ordinance 124, sec. 9, adopted 4/27/21)
(a) 
Prohibitions.
It shall be unlawful to keep, harbor or maintain within the city limits the following:
(1) 
Bats, skunks, poisonous reptiles, or foxes.
(2) 
Any wild animals whose normal mature weight exceeds forty pounds.
(3) 
Livestock, except as hereinafter provided.
(b) 
Exceptions.
This section shall not apply to or prohibit the following:
(1) 
A publicly or privately owned zoo maintained or operated by a nonprofit organization or governmental entity.
(2) 
A publicly or privately maintained circus, traveling show or rodeo which does not remain in [the city] longer than fifteen (15) consecutive days.
(3) 
Livestock under the following circumstances:
(A) 
Kept under direct supervision by and upon the premises of a public or private school;
(B) 
Kept and being used in a fair that is sponsored or sanctioned by the county, the city or another political subdivision for the duration of such fair;
(C) 
Kept and being used in an authorized or sanctioned livestock show for a period not to exceed seven (7) days.
(c) 
Livestock permit.
(1) 
Required; distance from other residences.
It shall be unlawful, from and after the effective date of this section, for any person to keep livestock in the city without first obtaining a permit from the city council. No permit shall be issued to any person for the keeping of any livestock within 200 feet of any residential dwelling bordering the property where the livestock will be kept. Said permit shall be valid only for the location for which it is issued.
(2) 
Fee; renewal.
The permit fee to keep livestock in the city shall be as set forth in the fee schedule in appendix A of this code. Each permit issued shall only be valid for one year from the date of issuance. Permits may be renewed on an annual basis provided all provisions of this article are in compliance and the renewal fee set forth in the fee schedule is paid to the city secretary.
(3) 
Who may have a permit.
Only a person who complies with the requirements of this article shall be entitled to receive and retain a permit to keep livestock.
(4) 
Application.
Every person who is a keeper of any livestock shall make an application, in writing, to the city council for a permit to keep such livestock, which shall contain the following information:
(A) 
Where livestock are to be kept on premises already provided with the facilities, a properly prepared plan or sketch of the building or buildings, standings, pen and/or corral, and the manure storage bin, shall be attached to the application.
(B) 
Properly prepared plans for all buildings, standings, pens and/or corrals, and manure storage bins which are hereafter constructed, reconstructed or extensively altered shall be submitted to the mayor for approval before work is begun.
(C) 
There shall be provided also the following information:
(i) 
A statement of the purposes in keeping such livestock;
(ii) 
A statement of the kind and maximum number of livestock to be kept at such location; and
(iii) 
The exact location of the site upon which livestock are to be kept, including the city lot and block number.
(5) 
Investigation and consideration.
The application shall be directed to the animal control officer for investigation of the premises concerned and he shall report his findings to the city council. The city council shall consider the application, retaining the right to approve or reject the applicant’s request for a livestock permit. In addition, the city council shall retain the right to revoke any livestock permit if it finds that premises are being maintained in an unsanitary condition so as to constitute a public nuisance or violation of the permit conditions.
(6) 
Adequate fences and barriers.
It shall be unlawful for any person to keep on his premises any livestock without providing adequate fences or barriers that will prevent such livestock from escaping and/or damaging neighboring flowers, trees, shrubbery and/or other property located on adjacent property. It shall be a rebuttable presumption that such fences or barriers are inadequate for the designated purpose, if livestock escapes from the premises. This presumption is rebuttable and shall have the effects and consequences set forth in Texas Penal Code section 2.05, as amended. A fence or barrier may include, but is not limited to, electronic barriers, whether underground, electrified wiring, or the erection of any structure of wood or wire, wood and wire, masonry or any other material, whether it encloses land on all sides or only on one or more sides, which is intended to prevent the passage of livestock. Such a fence or barrier is how the land is enclosed so as to prevent the ingress and egress of livestock, and to make a complete enclosure that is sufficient, in usual circumstances, to turn livestock of ordinary habits and disposition.
(7) 
Minimum land requirements; prevention of nuisances.
(A) 
It shall be unlawful to keep any farm animals within the city limits except under the following conditions:
(i) 
There must be at least 10,000 square feet of open area or space for one to four head of livestock with an additional 2,000 square feet of area or space for each additional head of livestock;
(ii) 
All manure and other animal waste shall be revoked [removed] from pens, corrals, yards, or open areas as prescribed by the animal control officer in granting the permit and, at a minimum, must prevent the accumulation or breeding of flies, mosquitoes or other insects;
(iii) 
For any non-grazing livestock or grazing livestock that are given animal feed, all animal feed must be placed on impervious surfaces or in impervious containers; and
(iv) 
Watering troughs or tanks shall be equipped with adequate facilities for draining the overflow to prevent the breeding of flies, mosquitoes or other insects.
(B) 
The city council, in granting a livestock permit, may require any other additional reasonable requirement that is consistent with this chapter and is designed to ensure that no nuisance is created by permitting livestock to be located within the city limits and/or designed to prevent the accumulation of putrid, unhealthy materials on the property or designed to prevent the creation of a public nuisance.
(8) 
Revocation of permit.
Any permit issued under the provisions of this article may be suspended or revoked by the mayor after a public hearing, of which five days’ written notice shall be given to the permittee, for the violation by the holder thereof of any of the provisions of this article.
(9) 
Suspension or revocation of permit; appeals.
When a permit is suspended or revoked for any failure or refusal to comply with the standards, the applicant shall be given a written explanation of the reason for denial, suspension or revocation. Any person whose permit is suspended or revoked may appeal his case to the city council upon written notice filed with the city secretary within ten (10) days from the date of revocation or suspension of his permit, and the decision of the city council shall be final.
(Ordinance 124, sec. 10, adopted 4/27/21; Ordinance adopting 2023 Code)
(a) 
The animal control officer or his designee may take up and impound at the animal shelter any estray found within the city limits in violation of this chapter.
(b) 
The impoundment and disposition of estrays shall be done in accordance with Texas Agriculture Code, section 142.009.
(Ordinance 124, sec. 11, adopted 4/27/21)
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 Penal Code section 42.09 or section 3.02.002 of this chapter.
(Ordinance 124, sec. 12, adopted 4/27/21; Ordinance adopting 2023 Code)
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 adopting 2023 Code)