The following words, terms and phrases, when used in this chapter shall have the following meanings, except where the context clearly indicates a different meaning:
Altered
means spayed or neutered.
Cat
means either a male or female of the feline species, whether altered or not.
Confine
means to restrict or secure an untethered animal to a building, structure or other enclosure from which reasonably it cannot escape.
Dog
means either a male or female of the canine species, whether altered or not.
Designee
means, when with reference to the chief of police, any person or entity authorized to exercise any authority assigned to the chief of police under this [chapter/article], which may include any regional entity and any veterinarian.
Dog
means either a male or female of the canine species, whether altered or not.
Feral animal
means an animal that is wild, untamed, or has no ascertainable owner. It shall be rebuttably presumed that a cat or dog not bearing a current license tag as required by section [14-51] has no ascertainable owner and is a feral cat or dog.
Intact
means not spayed or neutered.
Kennel
means any permanent or temporary enclosure erected or suitable for the purpose of confining a dog, including premises owned or leased by the owner or a person consenting to the dog's presence therein.
Owner
means any person owning, harboring or in any way keeping an animal within the limits of the city.
Owner's premises
means any lot, tract or parcel of land, whether or not under common ownership, including all buildings thereon and appurtenances, which are owned or leased by an owner, as well as any vehicle, travel trailer, or motor home owned or leased by an owner.
Pet
means any domestic animal kept for any reason other than utility. Wild animals are not pets.
Pet shop
means any place where pets are sheltered, enclosed or grouped for wholesale or retail sale.
Run at large
means to be free of physical restraint beyond the boundaries of the owner's premises. When controlled by a leash held by a competent person a dog shall not be deemed to be running at large. Fixed length leashes shall not exceed 12 feet in length. Retractable leashes shall be lockable at six feet and shall not exceed 25 feet in total length. A dog that is free of physical restraints within the confines of an animal park and in compliance with park regulations shall not be deemed to be running at large.
Stray
is an animal running at large and without an ascertainable owner. It is a rebuttable presumption that a cat or dog without a current license tag as required by under division 2 hereof has no ascertainable owner.
Wild animal
means any mammal, amphibian, reptile or fowl which commonly exists in a natural unconfined state and is usually not domesticated, and any animal of a species that is wild by nature and dangerous to human beings, and specifically including, without limitation or intention to be exhaustive: lions, tigers, panthers, bears, wolves, non-human primates, elephants, all forms of poisonous reptiles and snakes of a constricting type.
(Ordinance 2010-25, § I, adopted 4/26/2010[1])
[1]
Editor's note—This ordinance also provided for the repeal of former § 14-1, which pertained to enforcement of chapter and derived from the Code of 1966, § 5-1; Ord. No. 1992-54, § I, 6-8-92; Ord. No. 2004-50, § 1, 6-28-04.
It shall be unlawful for any person to keep any hogs, swine, or pigs within the city limits at any time.
Notwithstanding the preceding sentence the keeping or maintaining of domesticated miniature pigs commonly referred to as miniature vietnamese, chinese or oriental-pot bellied pigs (sus serafa bittotus) is allowed subject to the following conditions:
(a) 
Such pigs shall not exceed a maximum height of 24 inches at the shoulder or weigh more than 200 pounds.
(b) 
No more than one such pig may be kept on any one parcel or tract of land and only in residentially or agriculturally zoned districts. A pigpen utilized to house such pig shall not be less than 15 feet from the resident side yard property line of any single-family residential lot nor shall it be less than 15 feet from any residence or building adjacent to such lot not owned by the owner of the pig. A minimum of 100 square feet of area shall be required for outdoor use by the pot bellied pig.
(c) 
No such pig shall be allowed to run at large and at anytime when not constrained to the yard of the owner, such pig shall be on a leash not to exceed six foot in length.
(d) 
The premises where any such pigs are kept shall be kept clean and free of all offensive odors, flies, rodents or other pests. Droppings shall be placed in the suitable container and disposed of on a regular basis.
(e) 
No such pigs may be bred within the city limits. In the event a pig becomes pregnant, such pig must be taken outside of the city limits in order to rear the piglets. All of such pigs must be spayed or neutered as applicable.
(f) 
All of such pigs must have their tusks surgically removed.
(g) 
All of such pigs must be vaccinated against communicable diseases, within the species.
(h) 
All such pigs must be licensed by the chief of police on the payment of an annual license fee to be set by the board of commissioners by minute order from time to time. In order to obtain a license for any such pig, the owner of the pig must present the following:
(1) 
Proof that the pig is neutered and that the tusks have been removed;
(2) 
The address and property description where the pig will be kept; and,
(3) 
Immunization records as required.
It should be unlawful for any owner of any such pig to violate the provisions of this section or not provide for any requirement as set out herein. Any violation shall be subject to a fine in municipal court not to exceed the maximum fine as set out under section 1-14, General penalty for violations of Code; continuing violations.
(i) 
Any pig that is running at large or is found to be in violation of this section or any other ordinance of the City of McAllen may be seized by animal control officer and impounded at the Humane Society Animal Shelter. Any animal control officer so seizing such pig shall use reasonable efforts to notify the owner that such pig has been seized and turned over to animal control shelter along with notification of the specific violations of this section. The animal control shelter may dispose of the pig in accordance with the procedures therefore as established from time to time by the Humane Society Animal Shelter.
(1966 Code, § 5-2; Ordinance 1999-31, § 1, adopted 3/22/1999; Ordinance 1999-37, § 1, adopted 4/12/1999; Ordinance 2004-50, § 1, adopted 6/28/2004)
It shall be unlawful for any person to feed, breed, stable, pasture or keep any cow, goat, horse, sheep or any other animal of like species in or on any lot, pen, building, parcel of land, stable, or other enclosure in the city, any part of which lot, pen, building, stable, parcel of land or other enclosure is nearer than 200 feet to any building occupied by any person during any part of the day or night. A minimum of 400 square feet of area shall be required for each such animal.
(1966 Code, § 5-4)
(a) 
Prohibition; exception.
It shall be unlawful for any person to keep, harbor, maintain or permit the presence on any lot or parcel of land within the city of any poultry or fowl, except that no more than six such birds per acre are allowed on any lot or parcel of land, provided the requirements and conditions of this section and section 14-8 are complied with.
(b) 
Sanitary requirements.
Each place in the city used for feeding, harboring or keeping any poultry or fowl shall be maintained in a sanitary manner at all times and kept free of offensive odors, flies, rodents and other pests.
(c) 
Declaration of nuisance; complaint; violation; penalty.
It shall be unlawful to keep any poultry or fowl in the city which by loud, frequent or habitual crowing or any other noise annoyance from such animal shall disturb the peace and quiet of any person of ordinary sensitivities. If the chief of police has cause to believe that a nuisance described in this subsection exists, the chief of police shall so find and shall notify the bird's owner in writing of the finding by personal service. In the alternative, service may be by certified mail and by posting on the animal owner's property, in which case service of shall be deemed completed upon mailing. The notice shall advise that failure to abate the nuisance may lead to impoundment of the birds under section 14-9, and the right, within five days after service of the notice, to personally serve upon the chief of police or any police officer a written request for a hearing before the municipal court to contest the nuisance finding and/or impoundment, whereupon a hearing shall be held within five business days thereafter and a determination made as to whether such loud, frequent or habitual crowing or other noise annoyed the peace of such person, and if so, the court may thereupon declare such poultry or fowl to be a nuisance and order the owner or keeper therefrom to remove such poultry or fowl from the city limits, or the birds impounded for destruction. The failure to obey the order of the municipal court under this section shall constitute a class "C" misdemeanor. In addition to such remedy as provided in this section, should there be a conviction for any other violation of this section, the party convicted shall be subject to a fine as provided in section 1-14.
(1966 Code, § 5-5; Ordinance 2007-30, § 1, adopted 4/9/2007)
Each place in the city used for feeding, breeding, stabling, pasturing or keeping any cow, goat, horse, sheep or any other animal of like species shall be kept free of offensive odors, flies, rodents and other pests. Each lot, pen, building, stable or other enclosure in or on which any such animal is kept, fed, bred, stabled, pastured or housed shall have a suitable manure box or container in which all manure and droppings shall be placed daily. Each such box or container shall be securely screened or otherwise protected from flies, vermin and rodents, and shall be cleaned out and disinfected at least once a week. Manure from such boxes or containers shall not be left in open stacks but shall be removed or buried.
(1966 Code, § 5-6)
Each person owning or keeping animals, including poultry or fowl within the corporate limits of the city shall, upon request of the chief of police, after proper identification and during reasonable times, permit access to the area or places of keeping of animals for the purpose of carrying out the provisions of this chapter. Should the chief of police be denied entry, he then shall make application for a search warrant to enter the premises, such warrant to be issued by the municipal court judge of the city upon proper application therefor.
(1966 Code, § 5-7; Ordinance 2004-50, § 1, adopted 6/28/2004; Ordinance 2007-30, § 1, adopted 4/9/2007)
It shall be unlawful for any person to permit or allow any animal owned or possessed by him or under his control to run at large or to wander in or upon or invade the premises of any other person without such person's consent, within the corporate limits of the city. The chief of police or departmental designee is hereby granted the authority to pick up and cause to be impounded any dog or cat found running at large in the city.
(1966 Code, § 5-8; Ordinance 2004-50, § 1, adopted 6/28/2004; Ordinance 2007-30, § 1, adopted 4/9/2007; Ordinance 2010-25, § I, adopted 4/26/2010; Ordinance 2020-34, § I, adopted 7/13/2020)
(a) 
It shall be the duty of the chief of police or departmental designee, and in compliance with any procedural requirements in this chapter, to seize and deliver to the Palm Valley Animal Center any and all animals, including livestock, poultry or fowl, dogs or cats, found in violation of the provisions of this chapter.
(b) 
Subject to any limitation or requirement in this chapter to the contrary, and provided the chief of police consents, the owner of any animal impounded under the provisions of this chapter may claim such animal after paying any applicable impoundment fee to the Palm Valley Animal Center and otherwise following their rules and regulations.
(c) 
No impounded cat or dog shall be released unless proof is presented showing the animal is in compliance with this chapter's vaccination and licensing requirements.
(d) 
Whenever an owner has had two prior impoundments of any animal it shall be a condition of the release of any subsequently impounded animal owned by that person that such animals shall be altered.
(1966 Code, § 5-9; Ordinance 2004-50, § 1, adopted 6/28/2004; Ordinance 2007-30, § 1, adopted 4/9/2007; Ordinance 2010-25, § I, adopted 4/26/2010)
(a) 
Any person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as being capable of transmitting rabies, or who knows of an animal that the person suspects as rabid, shall report the incident or animal to the chief of police. The report to be given under this section shall contain the name and address of the victim and of the animal's owner if known, and other information that may help in locating the victim or animal. In addition, upon written complaint of any person that any kind of animal has bitten any person or other animal, the owner of such animal, if known, shall be notified by the chief of police, by the most expedient means available, which notification shall be documented in writing, and shall be ordered to properly confine such animal for a period of not less than ten days from the date of such attack. The term "properly confine" shall be construed to include confinement in an animal hospital or humane society animal shelter under the supervision of a licensed veterinarian, who shall notify the chief of police by telephone the same day such animal is received and further notify the chief of police by telephone immediately upon the development of any symptoms suspicious of rabies.
(b) 
In no event shall any animal which is the subject of this section be allowed to remain at the owner's home unless a written evaluation by a licensed veterinarian, establishing the animal's safety, is submitted to the chief of police.
(1966 Code, § 5-10; Ordinance 1992-54, § II, adopted 6/8/1992; Ordinance 2004-50, § 1, adopted 6/28/2004)
Any animal that dies of, or is killed while suffering from, or suspected of suffering from rabies, is hereby declared a nuisance, and shall be impounded forthwith and held for such disposition of the body, and under such conditions, as the chief of police may prescribe.
(1966 Code, § 5-11; Ordinance 2004-50, § 1, adopted 6/28/2004)
(a) 
Notwithstanding any other provision in this Code, the following sections of this chapter shall not be applicable to any land zoned agricultural-open space designation according to the zoning ordinance of the city, provided that this exemption shall not apply within 300 feet of any residence or residentially zoned district:
(1) 
(Reserved)
(2) 
Section 14-4, Keeping livestock near buildings; area requirements for livestock;
(3) 
Section 14-5, Area and sanitary requirements for poultry or fowl;
(4) 
Section 14-6, Maintenance of premises where livestock kept.
(b) 
Provided, however, that no person owning property under which the foregoing sections are inapplicable shall utilize such property for the purposes of keeping animals thereon where such utilization shall cause or constitute a nuisance.
(1966 Code, § 5-12; Ordinance 2002-10, § 1, adopted 1/28/2002; Ordinance 2007-30, § 1, adopted 4/9/2007)
It is unlawful for any unauthorized person to regularly or routinely harbor, feed, care for or provide any form of sustenance to a cat or dog on city property or right-of-way.
(Ordinance 2010-25, § I, adopted 4/26/2010[1])
[1]
Editor's note—This ordinance also repealed former § 14-13, which pertained to animal fighting and derived from the Code of 1966, § 5-61.
(a) 
Notwithstanding any different provision in this chapter otherwise, any person found guilty of the violation of any provision of this chapter involving a pet, shall be punished with a minimum fine as follows, but not more than $500.00:
Violation
Amount
First violation involving an altered animal
$50.00
First violation involving an intact animal
$100.00
Second violation involving an altered animal
$100.00
Second violation involving an intact animal
$200.00
Violations after second involving an altered animal
$200.00
Violations after second involving an intact animal
$400.00
(b) 
In addition to the fine specified in subsection (a) hereof, the municipal court shall sentence owners, at their own cost, to complete a responsible owner course every time they are found guilty after a first violation.
(c) 
In the event the municipal judge allows community service in lieu of or in addition to the imposition of a fine, whenever possible such community service shall be served at an animal shelter or similar institution.
(d) 
Prior to sentencing in the case the owner of an intact animal is found guilty of or pleads no contest to a violation of a provision in this chapter, if the defendant represents that the animal will be altered, the municipal court may reset the sentencing, but only once and for no more than 60 days, for the purpose of allowing the defendant to present sufficient proof that the animal was altered after the finding of guilt or entry of the plea of no contest. Upon presentation of such proof the fines imposed pursuant to this section shall be reduced by one-half.
(Ordinance 1992-54, § III, adopted 6/8/1992; Ordinance 2010-25, § I, adopted 4/26/2010)
(a) 
It shall be unlawful for any person to sell, offer for sale or display for purposes of sale, any animal, including poultry or fowl in, on or adjacent to any public roadway, unimproved parcel of land or in any public or private parking lot, or at any open-air or enclosed flea market, farmer's market, or similar operations where stalls are rented on a temporary basis.
(b) 
It shall be unlawful for any person to maintain or operate a pet shop without a license. Application for a pet shop license shall be on a form prescribed by the chief of police or departmental designee, provide such information as shall be require, and specify the number and type of animals to be maintained. It shall be unlawful to maintain more animals or types of animals than allowed by such license.
(c) 
It shall be unlawful to sell or to allow the sale of pets in flea markets, or on a roadside or any other outdoor or unenclosed location. No pet shop license shall be issued for the sale of pets in flea markets, or on a roadside or any other outdoor or unenclosed location.
(d) 
It shall be a condition of the issuance of pet shop permits that the licensee agree to the inspections provided for in this section. The application fee shall be $100.00. Pet shop licenses shall be annually renewable.
(e) 
Pet shop premises shall be inspected by the chief of police or departmental designee prior to the issuance of any license, and the same shall be subject to random inspections as well as to inspections based on complaints.
(f) 
Pet shops shall be kept and maintained in a clean manner, free from odors detectable at or near neighboring property.
(g) 
Pet shops shall be constructed and maintained in accordance with this ordinance and all applicable state law regulating pet shops and/or the sale of pets, as the same may hereafter be amended from time to time.
(h) 
Pet shop licenses are subject to revocation by the chief of police or departmental designee, for failure to operate the same in accordance with this ordinance and all applicable state laws.
(i) 
Excepted from the provisions of subsection (a) hereof is the sale of the offspring of an owner's pet, provided the sale takes place on the premises where the owner's pet resides, and there is compliance with any other applicable ordinance.
(Ordinance 1994-29, § I, adopted 5/9/1994; Ordinance 2007-30, § 1, adopted 4/9/2007; Ordinance 2010-25, § I, adopted 4/26/2010)
(a) 
It is unlawful for anyone to beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans.
(b) 
It is unlawful for anyone to breed or train an animal for fighting with any other animal.
(c) 
Failure to provide acceptable standards of housing and care constitutes animal cruelty.
(d) 
It is unlawful for anyone to intentionally or knowingly leave a pet in a motor vehicle for longer than five minutes, knowing that the animal is not attended by an individual in the vehicle who is 14 years of age or older.
(e) 
This section is not intended to contravene the provisions for animal cruelty contained in the Texas Penal Code.
(Ordinance 2007-30, § 2, adopted 4/9/2007; Ordinance 2010-25, § I, adopted 4/26/2010)
It is unlawful to have any pet ride in a vehicle on a paved roadway, except in a manner that does not allow it easily to fall off or exit the vehicle onto the roadway.
(Ordinance 2010-25, § I, adopted 4/26/2010)
(a) 
The chief of police or departmental designee shall enforce the provisions of this chapter. Enforcement efforts conducted as to animals within private property shall be restricted to those instances where required by clear public health or safety concerns or in response to a complaint.
(b) 
It shall be unlawful for any person to refuse permission to or refuse to permit the chief of police to go upon any premises during reasonable times when the chief of police is engaged in the enforcement of this chapter. The chief of police is hereby authorized to apply for an administrative search warrant from the municipal court judge of the city, which judge is authorized to grant such warrant upon reasonable grounds in order to enforce the provisions of this chapter.
(Ordinance 2010-25, § I, adopted 4/26/2010)