City of Odessa, TX GENERAL PROVISIONS

An animal that makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own;

An animal that commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person;

An animal that commits an unprovoked attack on a human being that causes serious bodily injury or death and occurs in an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own unless the person who was attacked was trespassing or otherwise violating the law by being within the enclosure;

An animal that is at-large and commits an unprovoked attack on a domestic animal that causes the death of the attacked animal; or

An animal that is at-large and commits an unprovoked attack on a domestic animal that causes serious bodily injury to the attacked animal and the attacking animal has already committed at least one unprovoked attack on a previous occasion against a human being or domestic animal.

Inhumane treatment of animals.

The term dangerous animal does not include an animal that commits an unprovoked attack on a human being in an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure where the person who was attacked was trespassing or otherwise violating the law by entering the enclosure.

Domestic animal.

An animal, such as a dog or cat, that has been tamed and is commonly kept by humans as a work animal, pet, or source of companionship.

Euthanasia.

The termination of an animal by a person using methods authorized by state and federal laws.

Feral animal.

Any owned or unowned, tamed or untamed animal that will not voluntarily accept handling by human beings or has escaped from domestication and has reverted back to wild behaviors.

Foster.

Any person, belonging to a registered 501(c)(3) Rescue Group, providing a temporary home for a dog or cat, who for whatever reason, needs to be housed outside of the shelter.

Fowl.

All animals belonging to the class of Aves including but not limited to, chickens, turkeys, geese, ducks, guinea hens, peafowl, pigeon and other domestic or non-domestic feathered creatures regardless of age or sex.

Fully vetted.

Any dog or cat who has been spayed/neutered, microchipped, and is current on all vaccination.

Harboring.

To give shelter, food or water.

Humane trap.

Any trap designed to capture an animal without injuring the animal.

Identification.

Any acceptable method, such as microchipping, which can be used to readily trace the current ownership of an animal.

Impound.

The placing of the animal in the city's animal service's facility.

Any treatment of an animal prohibited by any provision of this chapter or described in section 2-1-18 of this chapter.

Kennel.

Any lot, building, structure, enclosure, or premises where four (4) or more adult animals are kept and wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other animals.

Livestock.

Any horse, mule, donkey, cow, sheep, llama, goat, pig, and any other similar animal regardless of age, sex or breed.

Local rabies control authority (LRCA).

The person designated by the governing body of a municipality to enforce the Texas Health and Safety Code, as amended.

Local rabies control incident (LRCI).

Any bite, scratch, or other injury to a person caused by a warm-blooded animal that breaks the victim's skin and/or causes him or her to bleed and potentially come into contact with the injuring animal's saliva and could therefore allow the rabies virus to be transmitted from the animal to the person.

Microchip.

Identifying integrated circuit implanted under the skin of a dog, cat, or other animal that uses passive radio frequency identification (RFID) technology, which is also commonly known as a passive integrated transponder or "PIT tag" for purposes of identification.

NASAR.

The National Association for Search and Rescue, which is a nonprofit corporation that provides training and certification resources for search and rescue, and emergency rescue efforts.

Owner.

Any person, firm or corporation owning, keeping, harboring or assuming control, possession, or custody of any such animal.

Pet grooming facility.

An establishment (structure or vehicle) that provides basic grooming for domestic animals but does not routinely board animals for a fee. For the purposes of this chapter, a veterinary clinic that provides basic grooming is not a pet grooming facility.

Poisonous snakes.

Snakes that contain poison, either in venom glands or in other organs or tissues. Shall include, but is not limited to, all species of rattlesnakes.

Police service animal.

An animal owned by the City of Odessa, or other governmental law enforcement agency, specifically trained or equipped to assist personnel in a law enforcement capacity.

Premises.

A definite portion of real estate or land, together with any appurtenances or buildings, owned or occupied by the person(s) keeping animals.

Private animal sale.

The individual transfer of ownership of an animal, other than a wild animal, by a private owner to another private owner that occurs on the property of either the seller or buyer, roadway, parking lot, or other public property.

Private owner.

An owner who is not a permitted commercial breeder or a permitted animal establishment.

SARTECH III.

Basic level of certification of persons issued by the National Association for Search and Rescue.

Serious bodily injury.

An injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.

Shelter.

A structure that is capable of adequately providing cover and protection from heat, cold, and other environmental conditions. At minimum, a shelter must have three (3) sides, a top, and a bottom and must be adequately ventilated. It must have bedding material. It must be large enough so that the animal can enter, stand, turnaround, and lie down, but small enough to prevent the loss of body heat during cold weather.

Small domesticated animal.

Any guinea pig, hamster, rabbit, gerbil or other animal of similar size, but does not include dogs or cats which are regulated by other provisions in this chapter

Spayed or neutered.

Permanent sterilization of the animal through surgical means to render the animal incapable of reproducing.

TCOLE.

The Texas Commission of Law Enforcement.

Tether.

Any leash, cord, rope, or other means of restraining an animal or the act of tying, fastening or otherwise securing an animal to a fixed point so that it can move or range only within certain limits.

Vicious animal.

Any animal, wild or domestic, which demonstrates a propensity toward the unprovoked biting or attacking of animals or humans, or which demonstrates a disposition towards savagery or ferociousness toward animals or humans, or which represents a physical threat to animals or humans.

Wild animal.

Any animal as defined in section 822.101(4) of the Texas Health and Safety Code, as amended, including but not limited to: wolves, coyotes, panthers and any other animal typically found in a zoo except for the following:

Dogs;

Cats;

Livestock as regulated by sections 2-1-11 herein.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-1 Penalties.

Any person violating the provisions of section 2-1-6 (animals at-large), section 2-1-7 (unlawful restraint, tethering, sheltering) or section 2-4-8 (microchip identification) shall be deemed guilty of a misdemeanor and shall, upon first conviction, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), with each subsequent conviction being punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).

Any person who violates or fails to comply with section 2-1-8 (rabies confinement), section 2-2-3 (failure to release animal to enforcement officer), section 2-2-4 (keeping vicious animal), section 2-5-1 (unlawful entry on or tampering with animal services property or vehicles) or section 2-5-2 (interference with impoundment) shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not more than two thousand dollars ($2,000.00) for each violation.

Any person who violates or fails to comply with any other provision of this chapter shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not more than five hundred dollars ($500.00) for each such violation.

Each day of continued violation of any provision of this chapter shall constitute a separate offense.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-2 Rabies control authority; animal services officers.

The animal services division operates under the control and authority of the director of animal services.

The director of animal services shall act as administrator of all schedule II drugs pursuant to chapter 481 of the Texas Health and Safety Code.

The director of animal services and his/her designees shall be responsible for the enforcement of this chapter and all other ordinances in the city pertaining to animals, unless otherwise provided by law or this chapter.

The director of animal services and his/her designees shall be responsible for the enforcement of all laws and regulations of the state pertaining to animals that authorize the local health authority or animal services officers to enforce the same.

The director of animal services or his/her duly appointed representative shall be designated as the rabies control authority and animal services officer for the city and with his/her duly authorized animal services officers are, within the scope of this chapter, designated the local rabies control authority for the city pursuant to chapters 821, 822, 823, and 826 of the Texas Health and Safety Code, Vernon's Texas Codes Annotated.

Any city enforcement agent shall have the authority to issue notices to appear and file probable cause affidavits for any violations of this chapter, to file affidavits supporting each search and/or seizure warrants, and any other power or duty stated within the terms of this chapter.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-3 Fee schedule.

The following fee schedule shall be adopted by the director of animal services per authority of the city council.

Adoption:

Dog (fully vetted): $90.00.

Cat (fully vetted): $60.00.

Impoundment:

1st:

$20.00 (if current on rabies and sterilized).

(ii)

$25.00 (if current on rabies).

(iii)

$45.00 (no proof of rabies and sterilization).

2nd: $60.00.

3rd +: $60.00 per animal.

There is an additional $45.00/day for boarding on all impoundment fees.

Quarantine: $75.00/animal + $45.00/day for boarding (after quarantine release date).

Rabies vaccination: $15.00 animal.

Microchips: $15.00/microchip.

Spay/neuter: $80.00/animal.

Owner request euthanasia: $15.00/animal.

Temporary exhibit permit: $25.00.

(9)

Breeding/litter permit: $100.00 annual.

(10)

Seller's permit: $150.00/animal annual.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-4 Advisory committee.

Pursuant to section 823.005 of the Texas Health and Safety Code, an advisory committee ("committee") is hereby appointed to advise and assist animal services in the development of policies and procedures for the operation of the animal services facility in compliance with the requirements of chapter 823 of the Texas Health and Safety Code.

Membership and appointment.

The committee shall consist of eight (8) members appointed by the city council, each of whom shall have voting power.

The committee shall be composed of at least one (1) city official, at least one (1) licensed veterinarian, and at least one (1) member of an animal welfare organization.

Additional members of the committee:

The city attorney, or his designee, shall serve as an ex officio, nonvoting member of the board;

(ii)

The animal services director or his designee shall serve as an ex officio, nonvoting member of the board; and

(iii)

The county commissioner's court may appoint a representative to serve as a nonvoting member of the board.

(D)

The members of the committee shall serve without compensation.

Term.

There shall be appointed to the committee four (4) members for an initial term of two (2) years and four (4) members for an initial term of one (1) year. All subsequent terms of service shall be for a period of two (2) years; however, the two-year requirement may be adjusted with the approval of both the city council and the affected board member.

Should a member not be able to complete a full term or should there be a resignation of a committee member, the city council shall appoint a replacement to serve the remainder of the resignee's term.

These provisions shall not preclude the reappointment of a member to the committee.

Chairman and vice-chairman.

The committee shall annually elect from among its voting membership a chairman and vice-chairman to preside over its meetings, who shall continue to have a right to vote. The election of a new chairman and vice-chairman shall be the first order of new business at the first meeting held by the committee each calendar year.

Meetings.

A regularly scheduled meeting of the committee shall be held at least four (4) times each year, but additional special meetings can be held as needed.

An unscheduled meeting may be called by the chairman, vice-chairman, or three (3) voting members of the committee, by directing the secretary to schedule a meeting and give all members at least three (3) days' notice of the meeting.

The meeting time and location shall be set by the committee.

Secretary.

The director of animal services shall designate an employee to serve as secretary for the committee, taking the minutes, and posting and furnishing all necessary notices of meetings.

Quorum.

A quorum necessary to conduct business shall require the presence of five (5) voting members. If a quorum is not present, the committee members present may receive reports and information, but may not deliberate or make recommendations.

If a quorum is not present at two consecutive regularly scheduled meetings of the committee, the secretary of the committee is directed to forward a report to the city council stating the dates and times of the scheduled meetings and which members were in attendance.

If any appointed committee member is absent in excess of fifty (50) percent of the regular advisory board meetings within a twelve-month period, the city council may consider taking action to declare the position forfeited and a vacancy to exist and fill said vacancy.

Rules of procedure.

At meetings of the committee the chairman shall preside, and in the absence of the chairman, the vice-chairman shall preside.

If neither the chairman nor the vice-chairman is present, any committee member may call the meeting to order and move for the committee to designate a member to preside at that meeting.

The committee shall adopt its own rules governing its procedures and matters coming before it.

Duties and responsibilities.

The duties and responsibilities of the committee shall be as follows:

Advise and assist in the development of policies and procedures for the operation of the animal services facility in compliance with the requirements of chapter 823 of the Texas Health and Safety Code;

(ii)

Identify any problems or needs that exist at the animal services facility and develop proposed solutions and recommendations;

(iii)

Receive reports and information from the director of animal services, or his designee, and animal services personnel concerning matters that relate to the animal services facility and field operations; and

(iv)

Regularly report and make recommendations to the city council regarding all matters related to animal services.

Although the committee serves in an advisory capacity only, committee members shall identify any conflicts of interest, notify the committee of such conflict of interest, and abstain from participation in any such matter.

The committee shall report to and be solely responsible to the city council and shall not have responsibility or authority over the public officials or employees of the city.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-5 Appeals.

Any person that complains of an interpretation of this chapter or any order issued pursuant to this chapter may file a written notice of appeal to the director of animal services within five (5) days. The director will render a decision within five (5) days and notify the complainant. If the complainant is denied or no action taken, the complainant may appeal to the city manager, who, after prior written notice for the hearing, will make a final decision within ten (10) days and notify the complainant. If the decision is one of denial or if no action is taken within such ten- day period, the complainant may seek prompt judicial relief within five (5) days. Orders issued pursuant to article 2-2 of this chapter shall be subject to the appeals process described in section 2-2-2.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-6 Animals at-large.

It shall be unlawful for the owner or keeper of any animal, wild or domestic, to allow such animal to run at-large or be at-large upon any public or private property within the city.

For the purpose of this section, if an animal is found at-large on property not belonging to or under the control of the owner or keeper of said animal, it shall be presumed that the owner allowed such animal to be at-large.

The animal services officer(s) for the city may impound any animal observed to be at-large, whether the animal is on public or private property. The animal services officer shall inspect the animal to determine if the animal is identifiable by microchip identification.

For the purpose of this section, homing pigeons shall not be at-large and shall not be in violation of this section if they bear a seamless leg band issued by a recognized association of pigeon fanciers, are housed in a clean, secure, sanitary loft, are released temporarily for exercise or performance only, and do not alight upon buildings of others, and provided further that such seamless banded homing pigeons shipped or transported to the city on a temporary basis may be released within the corporate limits of the city for the purposes of engaging in a pigeon race.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-7 Unlawful restraint, tethering, sheltering.

An owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to:

Adequate shelter;

An area that allows the dog to avoid standing water and exposure to excessive animal waste;

Shade from direct sunlight; and

Potable water.

An owner may not restrain a dog outside and unattended by use of a restraint that:

Is a chain.

Has weights attached.

Is shorter in length than the greater of:

Five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or

Ten (10) feet.

Is attached to a collar or harness not properly fitted.

It shall be unlawful for any person to tether, chain, tie, or stake any animal upon any open or unfenced lot or land within the city so as to enable such animal to get on, across or within eight (8) feet of any street, alley, park, or any other public property. Any such animal tied or staked as described above may be impounded as provided in article 2-4 of this chapter.

It shall be unlawful for any person to tether, chain, muzzle, tie, or stake any animal under such conditions or for such period of time, as may endanger the health, safety or well-being of such animal including but not limited to heat, cold, inclement weather, lack of food and/or water or other circumstances that may cause distress, disability, or possible injury and/or death.

A person commits an offense if the person knowingly violates this section. The restraint of each dog that is in violation is a separate offense.

Section 2-1-7 unlawful restraint, tethering, sheltering does not apply to a restraint attached to a trolley system that allows a dog to move along a running line for a distance equal to or greater than the lengths specified under that subdivision.

An offense under this section is a class C misdemeanor, except that the offense is a class B misdemeanor if the person has previously been convicted under this section.

(h)

If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Unlawful restraint of a dog does not apply to:

The use of a restraint on a dog in a public camping or recreational area in compliance with the requirements of the public camping or recreational area as defined by a federal, state, or local authority or jurisdiction.

Public camping or recreational area exemption does not apply to long term RV parking, trailer parks, etc. with overnight stays longer than two (2) weeks.

The use of a restraint on a dog while the owner and dog engage in, or actively train for, an activity conducted under a valid license issued by this state provided the activity is associated with the use or presence of a dog.

(D)

The use of a restraint on a dog while the owner and dog engage in conduct directly related to the business of shepherding or herding cattle or livestock.

(E)

The use of a restraint on a dog while the owner and dog engage in conduct directly related to the business of cultivating agricultural products.

(F)

A dog left unattended in an open-air truck bed only for the time reasonably necessary for the owner to complete a temporary task that requires the dog to be left unattended in the truck bed except during inclement weather.

(G)

A dog taken by the owner, or another person with the owner's permission, from the owner's residence or property and restrained by the owner or the person for not longer than the time necessary for the owner to engage in an activity that requires the dog to be temporarily restrained; or

(H)

A dog restrained while the owner and dog are engaged in, or actively training for, hunting, or field trialing.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-8 Rabies confinement.

A person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person suspects is rabid, shall report the incident or animal to the animal services department. The animal services division shall investigate the report as set forth in section 826.041 of the Texas Health and Safety Code.

An animal services officer shall quarantine any animal that he/she has probable cause to believe may have exposed a person to rabies.

An owner shall submit for quarantine an animal that:

Is reported to be rabid or to have exposed an individual to rabies.

The owner knows or suspects is rabid or to have exposed an individual to rabies.

The owner/keeper or person in charge of the animal shall submit the animal to the animal services officer as required by section 826.042 of the Texas Health and Safety Code.

Such animal shall be held under observation at the animal services facility for a period not less than the required period as provided by the Texas Health and Safety Code. In lieu of confinement at the animal services facility such animal may be held for such observation period at a private veterinary clinic, at the owner's expense. The animal services officer may also select for home quarantine providing they meet home quarantine standards as set in 25 T.A.C 169.27.

For any animal which requires observation as set forth in this section and is confined at the animal shelter for the observation period, there shall be a fee assessed as prescribed in section 2-1-3.

The owner shall reclaim or surrender the animal before the second day following the final day of the quarantine period.

(h)

If the animal services officer has probable cause to believe that an animal is rabid, this section shall supersede and control over any other sections in this chapter that are in conflict.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-9 Keeping hogs.

Notwithstanding any provisions of this chapter, it shall be unlawful for any person to keep or maintain any hog or pig, of any type, within the city.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-10 Possession or keeping of wild animals or poisonous snakes.

It shall be unlawful to harbor, have, keep, or possess any wild animal or poisonous snake within the city limits except in a zoo approved by the city council, or a school or college for educational purposes, or by virtue of a temporary exhibition permit issued by the animal services officer.

A temporary exhibition permit shall be issued subject to the payment of the fee for administration costs, and the agreement of the owner to comply with reasonable safety requirements established by the animal services officer, which requirements shall be made a part of the permit. The permit shall set forth the period of time for which it is in effect.

It shall be unlawful to stand or park any vehicle containing wild animals or poisonous snakes any place in the city for a period of time longer than is necessary to make a lawful loading or unloading.

It shall be an affirmative defense to prosecution under subsection (c) that the standing of such vehicle(s) was made necessary by mechanical trouble, traffic conditions, accident, or in obedience to the direction of a police officer or traffic signal.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-11 Keeping livestock or fowl.

It shall be unlawful, except as provided in section 2-1-13, for any person to keep, possess or maintain any livestock or fowl within the city limits.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-12 Keeping small domesticated animals.

Small Domesticated animals are permitted provided the total number of same kept per premises does not exceed four (4), excluding newborn offspring before they are weaned.

Any person keeping small domesticated animals shall locate any pen or other housing at least twenty-five (25) feet from any residence, business, or institution other than the residence, business, or institution of the owner of such animals.

In connection with the above-described exceptions, the premises and facilities used for the keeping of animals authorized to be kept under any of the provisions of this section must be kept in a sanitary condition to prevent the emission of odor, breeding of flies or other insects, or noise offensive to persons of ordinary sensibilities in the neighborhood. Any premises and facilities used for the keeping of animals authorized to be kept under any provision of this section must be approved for such purpose by the county health department.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-13 Exceptions to section 2-1-11.

The provisions of section 2-1-11 and 2-1-12 shall not apply to the following situations:

Zoos, stock shows, fairs and circuses;

Abattoirs, packinghouses or stockyards if permitted under the zoning ordinance;

Colleges and public school projects, when conducted upon school property and under faculty supervision;

Facilities owned and used by a licensed veterinarian in connection with his/her practice of veterinary medicine;

Business establishments which sell animals commercially;

Horses which are kept upon a lot or tract of land at least twenty thousand square feet in size provided such livestock are enclosed within a fence adequate to retain such animals, which fence is not less than fifty (50) feet from any building owned by someone other than the animal owner and commonly inhabited for sleeping or eating purposes (one horse per half acre).

Ducks that are located on property owned by a governmental entity.

Homing pigeons as provided in section 2-1-6(d).

In connection with all of the above-described exceptions, the premises and facilities used for the keeping of animals and fowl authorized to be kept under any of the provisions of this section must be kept in a sanitary condition to prevent the emission of odor, breeding of flies or other insects, or noise offensive to persons of ordinary sensibilities in the neighborhood. Any premises and facilities used for the keeping of animals authorized to be kept under any provision of this section must be approved for such purpose by the county health department.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-14 Stray livestock and fowl.

All sections in this chapter, including sections relating to animals, sale of impounded animals and redemption of impounded animals, shall be amended and superseded by the estray law contained in section 142.001 et seq. of V.T.C.A. Agriculture Code, which provides state law requirements for livestock, stray livestock, stray exotic livestock and stray exotic fowl. Enforcement shall be carried out according to section 142.001 et seq. of V.T.C.A. Agriculture Code.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-15 Return, sale or disposition of cruelly treated animal.

All sections relating to the return, sale or disposition of an animal, if the animal has been cruelly treated, shall be subject to section 821.023 et seq. of V.T.C.S., Health and Safety Code.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-16 Area rabies quarantine.

All sections in this chapter, including sections relating to the restraint and/or transportation of carnivorous animals, or those animals at high risk of contracting the rabies virus, into and out of the quarantine area, shall be subject to section 826.045 et seq. of V.T.C.S. Health and Safety Code.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-17 Nuisances.

A person commits an offense if the person is an owner of an animal and the person permits, or by insufficient control allows any of the following to occur:

Creation of any condition on the owner's property, or that carries over to an adjacent property, that renders the ground, the water, the air or the food hazardous or injurious to human or animal life or health or that is offensive to the senses or that is detrimental to the public health;

The animal to be at-large as defined by this chapter;

Creation of a condition conducive to the breeding of flies, mosquitoes, ticks, fleas, or other pests;

Breeding or causing to be bred any animal within the public view; or

Allowing any female animal in estrus to be on any public property, or any private property not owned by the animal's owner, except to transport said animal to a veterinarian for treatment in compliance with all other provisions of this chapter.

A person commits an offense if the person causes an animal not owned by him to be at-large by intentionally, knowingly, or recklessly releasing a confined animal.

A person commits an offense if the person is the owner of an animal and the person fails to immediately remove and dispose of any excreta the animal produces.

A person commits an offense if the person is the owner of an animal and fails to visibly have in his possession materials that can be used to immediately remove and dispose of any excreta the animal produces.

It is an affirmative defense to prosecution under subsections (c) and (d) if the owner proves by preponderance of evidence that:

The property where the animal defecated was owned, leased, or controlled by the owner of the animal at the time it defecated;

The animal was an assistance animal, and at the time it defecated, the animal was in the presence of its disabled person or was present on the property of its disabled person;

The owner of the property or person in control of the property had given prior consent for the animal to defecate on the property;

The animal is a police service animal being used in official law enforcement activities; or

The animal is under the direction and control of a nonprofit search and rescue organization participating in an authorized search and rescue activity. It is an affirmative defense to prosecution under subsections (a)(2), (a)(4) and (a)(5) if the owner proves by a preponderance of evidence that the animal was at-large due to forces of nature, fire, or the criminal act of a third party who was not residing at the animal owner's residence.

After the third offense resulting in conviction, as defined in this chapter, of any person with care, custody, or control of an animal, for violating subsection (a) in any twelve (12) consecutive month period, a city enforcement agent may petition the city's municipal court for a hearing to determine if such animal is a continuing public nuisance. After the hearing, a city municipal court judge may order the:

Disposition of the animal as provided in article 2-2 of this chapter, except that the animal may not be returned to the location where the animal resided at the time of the nuisance action;

Exclusion from the city limits of the animal; or

Return of the animal to the owner.

(h)

After an order in subsection (g) is issued by the municipal court, the owner shall comply with the order or within the time specified in the court order, or if no time for compliance is specified in the order, within forty-eight (48) hours after the order is signed by the judge.

If a judge orders that the animal is to be removed from the city limits, the owner shall provide the address of the location of the animal to the animal services director in writing within seventy-two (72) hours of the signing of the order.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-18 Inhumane treatment of animals.

A person commits an offense if, either through his actions or omission, he:

Docks the tail or removes the dew claws of an animal over five (5) days of age, or crops the ears of an animal of any age, unless he is licensed to practice veterinary medicine in the state;

Transfers ownership or otherwise physically removes from its mother any dog, cat, ferret, or any other animal less than eight (8) weeks old that is not yet weaned, except as advised by a licensed veterinarian;

Dyes or otherwise artificially colors any animal;

Displays, transfers ownership, or offers to transfer ownership of any dyed or otherwise artificially colored animal;

Abandons any animal that he or she has possession or ownership of at the animal services facility, at any other place of business, on public property, or with any person that has not consented or has revoked consent to be responsible for the care of the animal;

Fails to reclaim any animal that he owns from the animal services facility after being notified of its location or from any person who had temporary possession of the animal;

Euthanizes, kills or attempts to euthanize or kill an animal in a manner other than one allowed in this chapter;

Carries or transports an animal in any motor vehicle, conveyance, or trailer and fails to effectively restrain the animal so as to prevent the animal from leaving or being accidentally thrown from the vehicle, conveyance, or trailer;

(9)

Places or confines an animal, or allows an animal to be placed or confined, in a motor vehicle, conveyance, or trailer without providing adequately for the necessities of life, including air, food, potable water, sanitary conditions, shelter, or protection from the heat, cold, or other environmental condition, or under other circumstances that may cause bodily injury, serious bodily injury, or death of the animal;

(10)

Causes or allows an animal to remain in its own filth;

(11)

Owns or has care, custody, or control of an animal having an infestation of ticks, fleas, or other parasites, without having the animal treated by a veterinarian or following a proper commercially available treatment regimen for the infestation;

(12)

Owns or has care, custody, or control of an animal having an obvious or diagnosed illness, injury, or communicable illness transmittable to animal or human, without having the animal treated by a veterinarian and following the veterinarian prescribed treatment or regimen for the injury or illness;

(13)

Fails to provide basic grooming for an animal;

(14)

Causes, allows, or trains an animal to fight another animal or possesses animal fighting paraphernalia or training equipment;

(15)

Fails to adequately provide an animal owned by him or under his care, custody, or control with necessities of life, including food, potable, nonfrozen water in a clean container suitable for the size, species, and number of animals being housed, sanitary conditions, shelter, and protection from heat, cold, and other environmental conditions or circumstances that may cause bodily injury, serious bodily injury or death of the animal;

(16)

Mutilates or allows to be mutilated any dead animal for reasons other than food preparation or taxidermy. Dissection in compliance with medical or veterinary research, medical or veterinary necropsy, and bona fide educational use of dead animals shall not be considered mutilation;

(17)

Attaches or allows to be attached a collar or harness to an animal that is of an inadequate size so that it restricts the animal's growth or causes damage to the animal's skin;

(18)

Attaches or allows to be attached a tether that is not appropriately sized for the animal or so heavy as to restrict or burden the animal's movements;

(19)

Displays, transfers ownership, or offers to transfer ownership of any turtle with a carapace of less than four (4) inches in length;

(20)

Teases, taunts, beats, or provokes an aggressive reaction from an animal; or

(21)

Fails to prevent the breeding of flies, mosquitos, or other insects or the growth of plant material in any water troughs, bowls, tanks, or other containers.

Animals seized pursuant to this section may be impounded and the city enforcement agent may petition the municipal court for a hearing to determine whether the animal was inhumanely treated and to determine the disposition of the animal. The petition shall be filed within 48 hours of the seizure. If the court is not open during this forty-eight (48) hour period, the petition shall be filed the next day the court is open for business. If a hearing is not requested, then the animal shall be returned to the owner upon request of the owner.

This section shall not be interpreted to restrict the lawful activities and legitimate operations of rodeos, 4H clubs, or FFA clubs.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-19 Animals in motor vehicles.

It shall be unlawful for an owner or person in control of an animal to place, confine or leave any animal in a standing or parked motor vehicle or trailer in such a way as to endanger the animal's health, safety or welfare including but not limited to heat, cold, lack of food and/or water, or other circumstances that may cause heat distress, heat exhaustion, heat stroke, disability, or possible death.

Any city enforcement agent finding an animal in violation of this section is authorized to use reasonable force to remove the animal from the vehicle when it appears that the animal's health, safety or welfare is or will be endangered if the owner of the vehicle cannot be located after reasonable attempts. The animal shall be transported to the animal services facility.

The officer removing the animal shall leave a written notice attached to the vehicle or trailer with the date, time, impounding officer's name, and the address and telephone number of the animal services facility where the animal is located.

An owner may reclaim his animal upon full payment of all charges and fees for the removal, maintenance, veterinary treatment and impoundment.

(Ordinance 2023-26 adopted 10/10/2023)

§ 2-1-20 Traps prohibited.

Humane traps shall be used to trap animals within the city, whether on public or private property. The person who places the trap, or who requests its placement, shall be responsible for checking the trap, the care of the animal while it is in the trap, and the notification to the department of any captured animal. All traps shall be checked at least daily.

No traps shall be placed upon public property without written permission from the department. It shall be the responsibility of the person setting the trap to properly label the trap indicating the name and contact information for the owner and the date permission was obtained from the department.

All captured domesticated animals shall be turned over to the department. All captured wild animals with the exception of high-risk rabies animals as defined by the state, shall be turned over to the department, a wildlife educational center, or state-licensed wildlife rehabilitator within twenty-four (24) hours. Venomous reptiles shall be humanely euthanized by an animal services officer and all others may be relocated.

A person commits an offense if he:

Places, or places and baits, or allows the placing or placing and baiting, of a steel-jawed trap, a body hold trap, any snare trap, any noose-type trap, or any other trap designed, used, or adapted to be lethal or cause serious bodily injury or death of an animal;

Places or allows the placing of any substance, article, or bait that has in any manner been treated with any poisonous or toxic substance, including anti-freeze, or any drug in any place accessible to human beings, birds, dogs, cats or other animals with the intent to kill or harm animals;

Fails to check a trap he has placed, placed and baited, or allowed to be placed or placed and baited at least once every twenty-four (24) hours;

Places, or places and baits, or allows the placing or placing and baiting of any trap when the overnight low temperature is expected to be below forty (40) degrees or above ninety (90) degrees Fahrenheit without first obtaining written permission from the department;

Places, or places and baits, or allows the placing or placing and baiting of any trap under conditions which may endanger the health of the animal due to exposure to rain, snow, extreme temperatures, lack of food or water, or under other circumstances that may cause bodily injury, serious bodily injury or death of the animal, whether or not such injury occurs;

Euthanizes, kills or attempts to euthanize or kill a trapped animal in a manner other than one specifically allowed in this chapter;

Places or places and baits a trap or allows the placing or placing and baiting of any trap designed for trapping animals in any highway, street, alley, or other public place within the incorporated limits of the city unless specific written permission by the department has been granted. This subsection shall not apply to a city enforcement agent or an agency working in compliance with written permission from the department for placing the trap on public property;

Removes, alters, damages, or otherwise tampers with a trap or equipment belonging to or placed at the request of the department; or

(9)

Place, or places and baits a trap, other than a commercially available trap solely designed to exterminate mice, rats, or insects, for commercial profit, without identifying the trap with the name, telephone number, and Texas Department of Agriculture structural pest control applicator license number of the applicator who placed or placed and baited the trap.

Any trap found to be set in violation of this chapter may be confiscated by a city enforcement agent and held as evidence in the case for the offense.

This section shall not be interpreted to restrict the extermination of rats, mice, or insects, through the use of traps, poisons, or other commercially available means when used in that person's residence, property, accessory structure, or commercial establishment and in accordance with the manufacturer's directions as long as reasonable precautions are taken to ensure that no human, pet, or wild animal, other than the targeted species, comes into contact with the traps, poisons, or other means and that does not violate any other section of this chapter.