Abandon.
To fail to adequately provide an animal with one (1) or more
of the necessities of life including but not limited to air, food,
potable water, sanitary conditions, shelter, protection from the heat,
cold, or other environmental conditions, or under other circumstances
that may cause bodily injury, serious bodily injury, or death of the
animal, for twenty-four (24) or more hours, or to leave an animal
in the care, custody, or control of another person without his or
her consent.
Animal.
Any live or dead nonhuman mammal. Unless indicated otherwise,
the term shall also include fowl, reptiles, amphibians, and wildlife,
as well as other creatures commonly owned as pets.
Animal establishment.
Any permanent facility or business that has care, custody,
or control of animals within the City of Odessa including, but not
limited to, pet shops, grooming facilities, boarding kennels, and
animal auction facilities. This term does not include veterinary or
medical facilities, research or other facilities licensed by government
agencies, wildlife education centers, and zoological parks.
Animal fighting paraphernalia.
Any item or equipment that is designed, adapted, or used
for animal fighting purposes, including but not limited to, instruments
designed, adapted, or used in a manner that attaches to the leg of
a bird, such as a knife, gaff, or other sharp instrument, or items
used to train or condition animals to fight, such as hanging devices
or "bite sticks."
Animal services director.
Person designated by the city who is responsible for overseeing
the enforcement of this chapter and the regulations promulgated hereunder.
Animal services facility.
A city-owned and -operated facility established for the purposes
of impounding and caring for animals held under the authority of this
article or state law. Also referred to as the animal shelter. at-large.
Not under control of the owner either by leash, chain, cord or other
suitable material attached to a collar or harness, or not retained
securely within an enclosure.
Animal services officer.
Any sworn or unsworn officer from the animal services division
whose primary responsibility is the enforcement of this chapter.
At-large.
Not under control of the owner either by leash, chain, cord
or other suitable material attached to a collar or harness, or not
retained securely within an enclosure.
Basic grooming.
Maintaining the eyes, ears, beaks, hooves, feet, nails, coat,
and skin of an animal in such a manner that is reasonably necessary
for the health and safety of the animal.
Bodily injury.
Physical pain, illness, or any impairment of physical condition
that would cause a reasonably prudent person to seek treatment from
a medical professional or veterinarian without regard to whether the
person actually sought treatment. This term includes, but is not limited
to, a bite or scratch wound and any bodily injury resulting from the
victim attempting to escape or prevent contact with the injuring animal.
City.
The City of Odessa.
City enforcement agents.
Any designee of the City of Odessa Animal Services Director,
any animal services officer, or law enforcement officer that is employed
by the City of Odessa.
Commercial breeder.
Any owner who breeds animals or transfers ownership of more
than twelve (12) animals or more than two (2) litters, clutches, or
other groups of offspring (whichever is greater) of any breeding animal
during any twelve (12) consecutive month period to another person
for the purpose of breeding, show, personal pet, or resale to a third
person.
Dangerous animal.
(1)
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;
(2)
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;
(3)
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;
(4)
An animal that is at-large and commits an unprovoked attack
on a domestic animal that causes the death of the attacked animal;
or
(5)
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.
(6)
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.
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.
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 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:
(3)
Livestock as regulated by sections
2-1-11 herein.
(Ordinance 2023-26 adopted 10/10/2023)
(a) 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).
(b) 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.
(c) 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.
(d) Each day of continued violation of any provision of this chapter
shall constitute a separate offense.
(Ordinance 2023-26 adopted 10/10/2023)
(a) The animal services division operates under the control and authority
of the director of animal services.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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)
The following fee schedule shall be adopted by the director
of animal services per authority of the city council.
(1) Adoption:
(A)
Dog (fully vetted): $90.00.
(B)
Cat (fully vetted): $60.00.
(2) Impoundment:
(A)
1st:
(i)
$20.00 (if current on rabies and sterilized).
(ii)
$25.00 (if current on rabies).
(iii) $45.00 (no proof of rabies and sterilization).
(C)
3rd +: $60.00 per animal.
There is an additional $45.00/day for boarding on all impoundment
fees.
|
(3) Quarantine: $75.00/animal + $45.00/day for boarding (after quarantine
release date).
(4) Rabies vaccination: $15.00 animal.
(5) Microchips: $15.00/microchip.
(6) Spay/neuter: $80.00/animal.
(7) Owner request euthanasia: $15.00/animal.
(8) 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)
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.
(1) Membership and appointment.
(A)
The committee shall consist of eight (8) members appointed by
the city council, each of whom shall have voting power.
(B)
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.
(C)
Additional members of the committee:
(i)
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.
(2) Term.
(A)
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.
(B)
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.
(C)
These provisions shall not preclude the reappointment of a member
to the committee.
(3) 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.
(4) Meetings.
(A)
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.
(B)
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.
(C)
The meeting time and location shall be set by the committee.
(5) 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.
(6) Quorum.
(A)
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.
(B)
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.
(C)
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.
(7) Rules of procedure.
(A)
At meetings of the committee the chairman shall preside, and
in the absence of the chairman, the vice-chairman shall preside.
(B)
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.
(C)
The committee shall adopt its own rules governing its procedures
and matters coming before it.
(8) Duties and responsibilities.
(A)
The duties and responsibilities of the committee shall be as
follows:
(i)
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.
(B)
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.
(C)
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)
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)
(a) 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.
(b) 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.
(c) 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.
(d) 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)
(a) An owner may not leave a dog outside and unattended by use of a restraint
unless the owner provides the dog access to:
(2)
An area that allows the dog to avoid standing water and exposure
to excessive animal waste;
(3)
Shade from direct sunlight; and
(b) An owner may not restrain a dog outside and unattended by use of
a restraint that:
(3)
Is shorter in length than the greater of:
(A)
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
(4)
Is attached to a collar or harness not properly fitted.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(1)
Unlawful restraint of a dog does not apply to:
(A)
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.
(B)
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.
(C)
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)
(a) 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.
(b) An animal services officer shall quarantine any animal that he/she
has probable cause to believe may have exposed a person to rabies.
(c) An owner shall submit for quarantine an animal that:
(1)
Is reported to be rabid or to have exposed an individual to
rabies.
(2)
The owner knows or suspects is rabid or to have exposed an individual
to rabies.
(d) 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.
(e) 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.
(f) 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.
(g) 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)
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)
(a) 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.
(b) 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.
(c) 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.
(d) 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)
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)
(a) 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.
(b) 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.
(c) 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)
(a) The provisions of section
2-1-11 and
2-1-12 shall not apply to the following situations:
(1)
Zoos, stock shows, fairs and circuses;
(2)
Abattoirs, packinghouses or stockyards if permitted under the
zoning ordinance;
(3)
Colleges and public school projects, when conducted upon school
property and under faculty supervision;
(4)
Facilities owned and used by a licensed veterinarian in connection
with his/her practice of veterinary medicine;
(5)
Business establishments which sell animals commercially;
(6)
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).
(7)
Ducks that are located on property owned by a governmental entity.
(b) 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)
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)
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)
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)
(a) 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:
(1)
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;
(2)
The animal to be at-large as defined by this chapter;
(3)
Creation of a condition conducive to the breeding of flies,
mosquitoes, ticks, fleas, or other pests;
(4)
Breeding or causing to be bred any animal within the public
view; or
(5)
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.
(b) 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.
(c) 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.
(d) 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.
(e) It is an affirmative defense to prosecution under subsections
(c) and
(d) if the owner proves by preponderance of evidence that:
(1)
The property where the animal defecated was owned, leased, or
controlled by the owner of the animal at the time it defecated;
(2)
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;
(3)
The owner of the property or person in control of the property
had given prior consent for the animal to defecate on the property;
(4)
The animal is a police service animal being used in official
law enforcement activities; or
(f) 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.
(g) 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:
(1)
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;
(2)
Exclusion from the city limits of the animal; or
(3)
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.
(i) 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)
(a) A person commits an offense if, either through his actions or omission,
he:
(1)
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;
(2)
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;
(3)
Dyes or otherwise artificially colors any animal;
(4)
Displays, transfers ownership, or offers to transfer ownership
of any dyed or otherwise artificially colored animal;
(5)
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;
(6)
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;
(7)
Euthanizes, kills or attempts to euthanize or kill an animal
in a manner other than one allowed in this chapter;
(8)
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.
(b) 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.
(c) 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)
(a) 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.
(b) 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.
(c) 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.
(d) 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)
(a) 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.
(b) 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.
(c) 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.
(d) A person commits an offense if he:
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
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;
(6)
Euthanizes, kills or attempts to euthanize or kill a trapped
animal in a manner other than one specifically allowed in this chapter;
(7)
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;
(8)
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.
(e) 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.
(f) 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.
(g) This section shall not apply to governmental agencies and entities
who use such traps and equipment as necessary and as permitted by
state law or regulation.
(Ordinance 2023-26 adopted 10/10/2023)