For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Animal control officer.
The person designated by the city manager to represent and act for the city in the impoundment of animals, controlling of animals at-large and as otherwise provided and required in this chapter.
At-large.
Whether on or off the premises of the owner and not under the control of the owner or other persons authorized by the owner to care for the animal by leash, cord, chain or otherwise.
Cat.
A domestic feline of either sex, including one spayed or neutered.
Dog.
A domestic canine of either sex, including one spayed or neutered.
Harboring.
The act of keeping and caring for an animal or of providing premises to which the animal returns for a period of three days.
Inclement weather.
Includes rain, hail, sleet, snow, high winds, extreme low temperatures or extreme high temperatures.
Inhumane treatment.
Any treatment to any animal which deprives the animal of necessary sustenance, including food, water, and protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment as may be determined by the animal control officer.
Livestock.
An animal raised for human consumption or an equine animal.
Owner.
Any person owning, possessing, harboring, keeping or sheltering any animal, or allowing an animal to remain about his premises for a period of three days.
Pet animal.
This shall include dogs, cats, rabbits, rodents, birds, reptiles, and any other species of animal which is sold or retained as a household pet, but shall not include any species of wild, exotic, or carnivorous animal that may be further restricted in this chapter.
Restraint.
An animal shall be deemed to be under restraint if tied in such a way that it cannot get off the premises of its owner, or within a totally enclosed fence constructed in such a way to prevent the animal from leaving or getting off the premises of its owner, or if accompanied by a responsible person and under that person's control with the use of a leash or similar type restraint. The use of a wireless fence that requires a dog to wear a special collar that transmits either a high frequency sound or a pulse stimulus shock and is intended to train the dog to stay on the premises will not be considered a means of restraint.
Stray animal.
An animal that wanders upon a public street, alley, or property of another.
Vaccination.
An injection of United States Department of Agriculture approved rabies vaccine administered by a licensed veterinarian.
Vicious animal.
Any animal that commits an unprovoked attack upon a person or other animal on public or private property or that attacks, threatens to attack or terrorizes a person on public property or property of another.
(Ordinance 444 adopted 11/1/2022)
Any person violating any provision of this chapter for which no specific penalty is otherwise provided shall be subject to a fine not to exceed $500.00; provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.
(Ordinance 444 adopted 11/1/2022)
(a) 
It shall be unlawful for any person to interfere with, molest, hinder, or prevent the animal control officer or his or her authorized representatives in the discharge of his or her duties herein prescribed including, but not limited to, the failure to release an animal for impoundment or any manner of interference with such impoundment, or to violate any of the provisions of this chapter.
(b) 
It is a defense to prosecution under this section that the interference alleged consisted of speech only.
(Ordinance 444 adopted 11/1/2022)
(a) 
It shall be unlawful and constitute a public nuisance for the owner or any person to maintain any animal which roams at-large on public or private property, except a designated dog park; which attacks another animal or person; or damages public or private property.
(b) 
It shall be unlawful and constitute a public nuisance for any owner, occupant, or other person in control of a premises to knowingly suffer, permit or maintain the presence of a dead or decaying animal carcass upon any such premises within the city, whether public or private, for more than 24 hours.
(c) 
It shall be unlawful and constitute a public nuisance for any owner, occupant, or other person to allow any enclosure, yard, shed, pen, structure, or other similar place used for keeping of an animal or animals, or fowl to become unsanitary, or offensive by reason of odor, or create a condition due to the accumulation of animal waste that is a breeding place for fleas or vector, or which creates any health hazard or nuisance to adjacent property owners.
(d) 
It shall be unlawful and constitute a public nuisance for any owner or other person to harbor any animal, or fowl or bird which by any loud, frequent, long, continuous, or unusual sound or cry shall disturb the peace, comfort, or quiet of the neighborhood or the occupants of adjacent premises.
(Ordinance 444 adopted 11/1/2022)
Animals injured on public property may be impounded and given adequate veterinary medical treatment pending notification of the owner. If the injured animal is treated and/or impounded, the owner of such animal shall be liable for all expenses of the treatment and/or the impoundment. The injured animal may be humanely euthanized if the injury is causing undue suffering, as determined by animal control authority.
(Ordinance 444 adopted 11/1/2022)
It shall be unlawful for any person to fail, refuse or neglect to provide any animal in his or her charge or custody, as owner or otherwise, with proper food, water, shade, adequate shelter, or veterinary care as may be necessary for diseased or injured animals.
(1) 
To provide adequate shelter for a dog kept outdoors, a person must provide a shelter accessible to the dog meeting the following standards:
(A) 
Must be sturdy and provide the dog with protection from inclement weather;
(B) 
The dimensions shall be such that allow the dog while in the shelter to stand erect, sit, turnaround and lie down in a normal position;
(C) 
Plastic, air shipping containers, metal barrels and/or pet carriers shall not be used as outdoor shelters.
(2) 
Water requirements: No person shall keep, use or maintain any animal on any premises unless the animal has access to clean, fresh water at all times. Clean potable water shall be available unless restricted for veterinary care.
(A) 
If water is in a container, this container shall be designed, secured, placed and maintained in a manner that prevents tipping and spilling of water, Water containers shall be kept clean and sanitary, and shall be kept out of the sun and shall be emptied and refilled regularly with fresh water; or
(B) 
If the water provided by an automatic or demand device, the water supply connect to the device must function twenty-four (24) hours per day.
(Ordinance 444 adopted 11/1/2022)
It shall be unlawful for any person, including the owner, to keep or harbor any dangerous or vicious animal within the corporate limits of the city. Such an animal shall be impounded as a public nuisance. If impoundment of the animal running at-large cannot be made with safety to the animal warden or other persons, the animal may be destroyed without notice to the owner or harborer.
(Ordinance 444 adopted 11/1/2022)
If any animals named in this chapter are found upon the premises of anyone, the owner or occupant of such premises shall have the right to confine such animal until he can notify the animal control officer to come and impound such animal, provided that the same is done in a reasonable time and when so notified, it shall be the duty of such officers to at once cause such animal to be so impounded as provided in sections 2.03.001 and 2.03.002 of this chapter.
(Ordinance 444 adopted 11/1/2022)
Any city resident that has a humane box type trap and wants to use that trap for trapping of stray and/or nuisance domesticated dogs and/or cats or wildlife within the corporate city limits, shall surrender ay animal caught in the trap to the animal control authority. No steel jaw leg hold traps in the city limits shall be permitted.
(Ordinance 444 adopted 11/1/2022)
(a) 
Creation and purpose.
An animal shelter advisory committee (committee) is hereby established to assist the city in complying with section 823.005 of the Texas Health and Safety Code, as such may be amended thereafter.
(b) 
Composition and terms.
The committee shall be comprised of one (1) licensed veterinarian, one (1) municipal official, one (1) person whose duties include the daily operation of an animal shelter, and one (1) representative from an animal welfare organization. Members of the committee shall be appointed by and serve at the pleasure of the city council for a three-year term.
(c) 
Responsibility and requirements.
(1) 
The committee will be charged with the responsibility to report annually to the city council regarding compliance with the requirements of section 823 of the Texas Health and Safety Code.
(2) 
The committee shall meet at least three (3) times per year and produce an annual report for review by the city council each year.
(Ordinance 444 adopted 11/1/2022)
(a) 
It shall be unlawful for any person to sell, trade, barter, lease, rent, give away, or convey the ownership of an animal, excluding livestock, on any roadside, public right-of-way, commercial parking lot, flea market, festival, park, community center or outdoor public place.
(b) 
This section shall not apply to any tax-exempt nonprofit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals or any organization recognized by animal control authority.
(Ordinance 444 adopted 11/1/2022)
(a) 
A person may not transport an animal in a motor vehicle on a public roadway unless:
(1) 
The animal is safely enclosed within the vehicle; or
(2) 
If the animal is transported in an unenclosed vehicle, including a convertible, pick-up truck, flatbed truck or motorcycle, the animal shall be confined in a secure and appropriately sized vented container or confined in a manner that prevents the animal from falling or jumping form the vehicle or otherwise being injured.
(b) 
A person may not keep an animal in a motor vehicle or other enclosed space in which the animal's health or life is endangered by high temperature, low temperature, or inadequate ventilation.
(1) 
A peace officer or animal control officer may, after attempting to locate the animal's owner, remove the animal from a vehicle or enclosed space using any reasonable means, including breaking a window or lock. If professional services are required to remove the animal, the owner is responsible for the cost.
(2) 
A peace officer or animal control officer who removes an animal from a vehicle or enclosed space in accordance with this subsection is not liable for any resulting property damage.
(Ordinance 444 adopted 11/1/2022)
(a) 
An owner of a dog commits an offense if the owner retrains a dog by a tethering device.
(b) 
It is a defense to prosecution under subsection (a) that:
(1) 
The dog was restrained by a tethering device while in the owner's immediate possession and accompanied by the dog's owner; and
(2) 
The owner was in compliance with the requirements of subsection (c).
(c) 
An owner of a dog may only tether a dog if the dog is in the owner's immediate possession and accompanied by the owner, as required by subsection (b). In addition, the owner of the tethered dog shall:
(1) 
Not allow the dog to be tethered in any manner or by any method that allows the dog to become injured;
(2) 
Use a properly fitted harness or collar that is specifically designed for the dog; and
(3) 
Attach a tethering device to the dog's harness or collar and not directly to the dog's neck.
(d) 
Nothing in this section prohibits a person from walking a dog with a hand-held leash.
(Ordinance 444 adopted 11/1/2022)
No person or group of persons shall dump or abandon any dog, cat or other animal that has not been received and accepted at the Kurth Memorial Animal Shelter at or near the premises of the shelter located at 1901 Hill St., Lufkin, Texas 75904. Such action shall be considered allowing an animal to "run at-large" as defined in this chapter subject to appropriate fines, fees and other costs as allowed by law.
(Ordinance 444 adopted 11/1/2022)