In this chapter, the following words and terms shall have the
following meanings ascribed to them, unless the context indicates
otherwise:
Abandon
means to dump, desert, or leave any animal on public or private
property with the intent of terminating any further responsibility
for said animals and shall also mean failing to properly redeem any
animal impounded or quarantined by the city.
Animal
means any living creature, domestic or wild, including mammals,
birds, reptiles, amphibians, and fish but not including insects or
humans.
Animal welfare board
means the board approved by the city council with members
appointed by the city administrator, and contains, at a minimum, one
municipal official, the animal welfare officer, and one representative
from the city.
Animal welfare officer
means the person designated by the city council to enforce
this chapter, or an authorized representative.
Cat
means Felis catus and any hybrids thereof.
Dangerous dog
means a dog that:
(1)
Makes an unprovoked attack on a person or another animal that
causes bodily injury and occurs in a place other than an enclosure
in which the dog was being kept and that was reasonably certain to
prevent the dog from leaving the enclosure on its own; or
(2)
Commits unprovoked acts in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent
the dog from leaving the enclosure on its own and those acts caused
a person to reasonably believe that the dog will attack and cause
bodily injury to that person.
Dog
means Canis lupus familiaris and any hybrids thereof.
Foster
means the process of temporarily supplying food, shelter,
and other necessary care to a homeless animal until a permanent owner
can be found.
Fowl
means geese, ducks, turkeys, chickens, roosters, peafowl,
guineas, ostriches, and emus.
Grandfathered
means an exception which allows something pre-existing to
remain as it is, despite a change to the contrary in the rules applied
to newer situations.
Guard dog
means any dog which has been trained for the purpose of protecting
property by a guard dog company which is required to be licensed pursuant
to V.T.C.A., Occupations Code, chapter 1702, as amended from time
to time.
Hybrid
means the product of the mating of two different species
of animals regardless of the number of generations born since that
original mating.
Livestock
means horses, or any member of the domesticated horse family
including but not limited to mules, donkeys, and ponies; all types
of varieties of cattle, bulls, and all members of the cow family;
and all types of domesticated swine, sheep, and goats.
Microchip
means a transponder that is placed under an animal’s
skin by an injector and can be read by a microchip scanner.
Owner
means any person owning, keeping, or harboring an animal
or feeding said animal for thirty (30) or more days except for feral
cats.
Person
means an individual, firm, partnership, association, corporation
or other legal entity.
Prohibited animal
means an animal other than a common domestic species and
regardless of state or duration of captivity, that poses a potential
physical or disease threat to the public or that is protected by international,
federal or state regulations, including but not limited to the following:
(1)
Class Reptilia: Family Helodermatidea (venomous lizards); family
Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers
and true vipers); family Elapidae (coral snakes, cobras, mambas, and
other elapids); the following listed species of family Colubridae
- Dispholidus typus (Boomslang), Hyrodynastes gigas (water cobra),
Boiga (mangrove snake), and Thelotornis (African twig snake) only;
order Phidia, family Boidae (racers, boas, water snakes, and pythons);
and order Crocodilia (crocodiles, alligators, caimans, and gavials);
(2)
Class Aves: Order Falconiformes (such as hawks, eagles, and
vultures), subdivision Ratitae (such as rheas and cassowaries); and
order Strigiformes (such as owls);
(3)
Class Mammalia: Order Carnivora, family Felidae (such as ocelots,
margays, tigers, jaguars, leopards, and cougars), except commonly
accepted domesticated cats; family Canidae (such as wolves, wolf-dog
hybrids, dingos, coyotes, and jackals), except domesticated dogs;
family Mustelidae (such as weasels, skunks, martens, mink, and badgers);
family Procyonidae (raccoons); family Ursidae (such as bears); order
Marsupialia (such as kangaroos and common opossums); order Edentata
(such as sloths, anteaters, and armadillos); order Proboscidea (elephants);
order Primata (such as monkeys, chimpanzees, and gorillas); order
Rodentia (such as porcupines); and order Ungulata (such as antelope,
deer, bison, and camels);
(4)
Animals not listed: The animal welfare officer may declare any
species of animal not listed in this definition as “prohibited”
if the confinement of the animal within the city can be shown to constitute
a threat to public health and safety; and does not mean:
(A)
A bird kept in a cage or aviary that is not regulated by international,
federal, or state law; or
(B)
A gerbil, hamster, ferret, guinea pig or laboratory mouse or
rat.
Running at large
means not completely confined by a building, wall, or fence
of sufficient strength or construction to restrain the animal, expect
when such animal is on a leash, or held in the hands of the owner
or keeper, or under direct supervision of the owner within the limits
of the owner’s private property. Any animal confined within
an automobile or other vehicle shall not be deemed running at large.
Secure enclosure
means a fenced area or structure that equates to the size
of the animal(s) and is:
(2)
Capable of preventing the entry of the general public, including
children;
(3)
Capable of preventing the escape or release of the animal(s);
(4)
Clearly marked if containing a dangerous dog; and
(5)
In conformance with the requirements for enclosures that have
been established by the animal welfare officer.
Serious bodily injury
means any physical injury that involves a substantial risk
of death/disfigurement, or impairment of any part of the body including,
but not limited to, a broken bone or a laceration requiring either
stitches or cosmetic surgery.
Unprovoked
means action by an animal that is not:
(1)
In response to being tormented, abused, or assaulted by any
person;
(2)
In response to pain or injury; or
(3)
In protection of itself or its food, kennel, immediate territory,
or nursing offspring.
Wild animal
means any animal except the common domestic species.
(Ordinance 2015-004, sec. 1, adopted 9/14/2015)
(a) The
city council shall designate an employee as the animal welfare officer.
(b) Enforcement
of this chapter and any state laws regulating animal control shall
be the responsibility of the animal welfare officer.
(c) The
animal welfare officer is authorized to:
(1) Impound any animal in violation of this chapter;
(2) Issue citations for any violation of this chapter or applicable state
law.
(d) No
person shall interfere with any animal welfare officer or any authorized
representative in the performance of their duties.
(1) For purposes of discharging the duties imposed by this chapter, and
to enforce the same, an animal welfare officer or other authorized
representative may enter upon private property to the full extent
permitted by law, which shall include but not be limited to entry
upon private property when in pursuit of any animal which he or she
has reason to believe is subject to impoundment pursuant to the provisions
of this chapter or other applicable laws. An animal welfare officer
shall have the right to pursue and apprehend an animal which is at
large onto private property without first requesting permission from
the owner of the property before entering the property or without
obtaining a search warrant.
(2) Whenever it is necessary to make an inspection to enforce any of
the provisions of or to perform any duty imposed by this chapter or
other applicable law regarding animals or whenever an animal welfare
officer has reasonable cause to believe that there exists in any building
or structure or upon any premises any violations of this chapter or
other applicable law, the officer is hereby authorized to enter such
property at any reasonable time and to inspect the same and to perform
any duty imposed upon the officer by this chapter or another applicable
law; provided that if such property be occupied, the officer shall
first present proper credentials to the occupant and request to enter,
explaining the reason therefor, and obtain permission from said occupant.
(3) Notwithstanding the foregoing, if the officer has reasonable cause
to believe that the keeping or maintaining of any animal is so hazardous,
unsafe or dangerous as to require immediate inspection to safeguard
the animal or the public health or safety, the officer shall have
the right to immediately enter and make such inspection, whether or
not permission to inspect has been obtained. If the property is occupied,
the officer shall first present proper credentials to the occupant
and demand entry, explaining the reasons therefor and the purpose
of inspection.
(4) Whenever an animal welfare officer is denied admission to inspect
any premises under this chapter and the officer cannot determine whether
violations exist on the premises, the animal welfare officer is authorized
to request a warrant for the inspection of the premises from the municipal
judge, a magistrate, or a justice court to enter and inspect the premises.
(e) The
city council shall establish the fees required by this chapter by
resolution from time to time.
(Ordinance 2015-004, sec. 2, adopted 9/14/2015)
There is hereby created the animal welfare advisory board. The
welfare board shall be approved by the city council and appointed
by the city administrator. The purpose of the animal welfare advisory
board is to provide recommendations to the city council.
(Ordinance 2015-004, sec. 6(A),
adopted 9/14/2015)
The city shall comply with any applicable rules and regulations
adopted by the department of state health services.
(Ordinance 2015-004, sec. 25, adopted 9/14/2015)
If the definition of an offense under this chapter does not
prescribe a culpable mental state, then a culpable mental state is
not required and the offense is one of strict liability.
(Ordinance 2015-004, sec. 28, adopted 9/14/2015)
(a) A
person who violates any provision of this chapter, or who fails to
perform an act required by this chapter, commits an offense. A person
commits a separate offense each day or portion of a day during which
a violation is committed, permitted or continued.
(b) An
offense under this chapter is punishable by a fine not to exceed:
(1) Five hundred dollars ($500.00);
(2) Two thousand dollars ($2,000.00), if the provision violated governs
public health or sanitation; or
(3) The amount fixed by state law if the violation is one for which the
state has fixed a fine.
(Ordinance 2015-004, sec. 29, adopted 9/14/2015)
Any prohibited animal(s) or livestock currently owned by residents
of the city will be considered “grandfathered” for the
purpose of this chapter. Any animals that come under the grandfather
clause will be required to be registered with the city, and such animal(s)
must not be able to produce any offspring. The exception to this section
would be, if the grandfathered animal(s) was/were being kept in unsanitary
or hazardous conditions, the animal welfare officer could remove the
animal(s) from the home.
(Ordinance 2015-004, sec. 30, adopted 9/14/2015)
Fees for animal registration and other fees related to this chapter are as set forth in the fee schedule in appendix
A of this code.
(Ordinance adopting 2024 Code)
(a) The
owner of a domestic dog (Canis lupus familiaris, excluding hybrids)
or domestic cat (Felis catus, excluding hybrids) shall keep the animal
currently vaccinated against rabies according to Texas Health and
Safety Code chapter 826 (Rabies Control Act) and title 25 of the Texas
Administrative Code, chapter 169 (Rabies Control and Eradication).
(b) A
person, including a fostering organization, commits an offense if
the person owns, keeps, or harbors a dog or cat within the city without
a current rabies vaccination, and fails to display a current license
tag on a dog or able to be presented for a cat.
(Ordinance 2015-004, sec. 3, adopted 9/14/2015)
(a) The
owner of a dog or cat four (4) months of age or older shall annually
register the animal with the city. Written application to register
the animal for a license and payment of the applicable license fee
shall be made to the city. The application shall include the name
and address of the applicant, a description of the animal, and proof
of a current rabies vaccination. Upon acceptance of the application,
a city license tag shall be issued, which shall bear an identifying
number for the animal and the year of issuance.
(1) The license tag shall be securely attached to the collar or harness
of a dog and worn at all times.
(2) If the tag is not worn around the cat’s neck, the owner of
a cat must be able to present the tag for the cat.
(3) No license fee shall be charged for:
(A) Dogs trained to assist audio- or visually-impaired persons;
(4) A special license in lieu of this license is required for guard dogs
and dogs which have been declared “dangerous.”
(b) A
person fostering a dog or cat within the city is exempt from registering
the animal until such time as the animal is adopted. However, the
animal must be vaccinated against rabies and spayed or neutered and
either wear identification or be microchipped. Also, the person fostering
an animal must register with the animal welfare officer within 30
days of fostering an animal.
(c) Except as provided in subsection
(b) above, a person commits an offense if the person owns, keeps, or harbors a dog or cat over four (4) months of age without having such dog or cat currently licensed by the city.
(d) A
person commits an offense if the person owns, keeps, or harbors a
dog or cat required to be licensed by this section and fails to display
on the dog at all times a valid city license tag or be able to present
a valid city license tag for a cat immediately upon request.
(e) A
person commits an offense if the person owns, keeps, or harbors a
dog or cat and displays on the animal a city license tag issued to
another animal.
(f) No
dogs or cats can be sold within the city limits without the owner
having a private breeder transfer permit and the premises containing
the animals must be inspected and approved by the animal welfare officer.
(Ordinance 2015-004, sec. 4, adopted 9/14/2015)
(a) The
animal welfare officer may deny or revoke registration for an animal
owned by a person who:
(1) Has been convicted of Texas Penal Code section 42.09 [or 42.092]
(cruelty to animals), as amended; or four (4) or more separate violations
of this chapter or of an animal control ordinance of another jurisdiction
within any twelve (12) month period;
(2) Has had the same animal impounded four (4) or more times within any
twelve (12) month period; or
(b) If
the animal welfare officer revokes or denies registration of a dog
or cat, a written notice of the action and of the right to an appeal
shall be given to the owner. The owner may appeal the decision of
the animal welfare officer to the city council. The filing of a request
for an appeal hearing stays an action of the animal welfare officer
in revoking or denying the registration until the city council makes
a final decision.
(c) Within
fifteen (15) calendar days after receipt of a notice of revocation
or denial of registration, or after a final decision of the city council
if an appeal is filed, a dog or cat owner shall remove the affected
animal from within the city limits. The animal welfare officer or
the city council may extend the fifteen (15) day removal period for
an additional fifteen (15) calendar days. The owner shall provide
the animal welfare officer with a sworn statement confirming the removal
of the animal to a bona fide shelter or rescue group.
(d) A
person commits an offense if the person owns, keeps, or harbors a
dog or cat within the city during a period when registration for the
animal has been revoked or denied, or fails to remove a dog or cat
when required by this section.
(e) Every
dog and cat must be identifiable. Identifiable shall mean:
(1) Wearing a rabies vaccination tag, a license tag, or a personalized
identification tag with the owner’s name, address, and telephone
number; or
(2) Being microchipped with a current microchip registration.
(f) It
is unlawful to transfer an animal’s tag to another animal. If
the animal is microchipped, the registration of the microchip must
be current.
(Ordinance 2015-004, sec. 5, adopted 9/14/2015)
The denial or revocation of registration may be appealed by
filing with the animal welfare officer a written request for hearing
within ten (10) calendar days after notification of the denial or
revocation. The filing of a request for an appeal stays the action
until the city council makes a final decision, although it does not
preclude the necessity for the animal to be removed from the city
until all appeals are final. If written request for an appeal is not
made in a timely manner, the denial or revocation is final. The city
council may consider evidence offered by any interested person. The
formal rules of evidence do not apply. The city council shall make
its decision on the basis of a preponderance of the evidence presented
at the hearing. The council should conduct a hearing and render a
decision within fifteen (15) calendar days after the request for an
appeal is filed or as soon thereafter as practicable. The city council
may affirm or reverse the denial or revocation. The decision of the
council shall be sent to the owner of the affected animal. The decision
of the city council is final.
(Ordinance 2015-004, sec. 6(B),
adopted 9/14/2015)
(a) It
shall be unlawful for the owner of a dog to fail to keep the dog from
running at large as defined in this chapter. Cats running at large
may be considered public nuisances and a menace to public safety.
In addition to, or in lieu of, impounding an animal found at large,
an animal welfare officer or a police officer may issue a citation
for a violation of this chapter to the known owner of such animal.
(b) Every
female dog or cat in heat shall be confined in a building or other
enclosure in such a manner that such female dog or cat cannot come
into contact with another animal except for planned breeding.
(Ordinance 2015-004, sec. 7, adopted 9/14/2015)
All trained guard dogs shall be registered annually with the
animal welfare officer prior to use as guard dogs. The city license
tag for a guard dog shall be securely attached to the collar or harness
on the animal and worn at all times. Guard dogs shall be restrained
by a chain or leash, not exceeding six (6) feet in length, and humanely
muzzled when off the premises where used.
(Ordinance 2015-004, sec. 8, adopted 9/14/2015)
(a) Any
person having knowledge of a bite to a human by an animal shall report
the incident to the animal welfare officer or to a city police officer
as soon as possible.
(b) Any
animal bite to a person shall be handled in accordance with the Texas
Health and Safety Code, chapter 826 (Rabies), and title 25 of the
Texas Administrative Code, section 169.27 (Rabies Control and Eradication).
(Ordinance 2015-004, sec. 13, adopted 9/14/2015)
The following shall be considered a public nuisance and shall
be unlawful:
(1) The
keeping of an animal in such a manner as to endanger the public or
animal health by the accumulation of animal waste which causes foul
and offensive odors considered to be a hazard to other animals or
human beings.
(2) To
permit or allow an animal to defecate upon private property other
than the property of the owner of said animal, and to fail to remove
and dispose of in a sanitary manner any feces left by such animal.
(3) Property
not kept free from dead animals or other material likely to decay.
(4) The
keeping of bees in such a manner as to deny the lawful use of adjacent
property or endanger the health and safety of others.
(5) The
keeping of any animal which causes loud and unusual or frequent barking,
howling or other noise that disturbs the peace and quiet of any person
of ordinary sensibilities.
(6) The
breeding, raising or keeping of any dog, game cock, or other animal
which is to be used for fighting purposes.
(Ordinance 2015-004, sec. 14, adopted 9/14/2015)
(a) Baby fowl or rabbits.
It shall be unlawful for any person
to sell, offer for sale, rent, barter, or give away as toys, premiums
or novelties, baby chickens, ducklings or other fowl under three (3)
weeks old, or rabbits under two (2) months old, unless the manner
or method is first approved by the animal welfare officer.
(b) Colored fowl or rabbits.
It shall be unlawful to color,
dye, stain or otherwise change the natural color of any chickens,
ducklings, or other fowl or rabbits or to possess for the purpose
of sale or to be given away any of the above-mentioned animals which
have been so colored.
(Ordinance 2015-004, sec. 15, adopted 9/14/2015)
It shall be unlawful to leave any animal inside any standing
or parked vehicle in such a way as to endanger the animal’s
health or safety. Any animal welfare officer or police officer is
authorized to use reasonable force, including the breaking of a side
window, to remove an animal from a vehicle whenever it appears the
animal’s health or safety is or soon will be endangered, and
said neglected or endangered animal shall be impounded.
(Ordinance 2015-004, sec. 16, adopted 9/14/2015)
It shall be unlawful for any person to tie or tether a dog or
other animal to a stationary object for a period of time or in a location
so as to create an unhealthy situation for the animal or a potentially
dangerous situation for a pedestrian as determined by the animal welfare
officer. The terms “unhealthy situation” and “potentially
dangerous situation” shall include but not be limited to the
following:
(1) To
tether any animal in such a manner as to permit the animal access
upon any public right-of-way;
(2) To
tether any animal in such a manner as to cause the animal injury or
pain or not to permit the animal to reach shelter, food and/or water
or otherwise create an unsafe or unhealthy situation;
(3) To
tether any animal in such a manner as to permit the animal to leave
the owner’s property;
(4) To
tether any animal in an area that is not properly fenced so as to
prevent any person or child from entering the area occupied by said
animal;
(5) To
tether any animal in a manner whereby the animal is subject to harassment,
stings or bites from outdoor insects, or attacks by other animals;
(6) To
tether any animal with a tether that is less than ten (10) feet in
length;
(7) To
tether any animal with a tether that is not equipped with swivel ends;
(8) To
tether any animal in such a manner that does not prevent the animal
from becoming entangled with any obstruction, from partially or totally
jumping any fence, or from leaving part of its owner’s property;
(9) To
fail to remove waste from the tethered area on a regular basis;
(10) To tether any animal without using a properly fitted collar or harness;
(11) To use choke-type collars to tether any animal; or
(12) To use a tether that weighs more than one-fifth (1/5th) of the animal’s
body weight.
(Ordinance 2015-004, sec. 17, adopted 9/14/2015)
(a) It
shall be unlawful to own, possess, keep or harbor any prohibited animal
within the city.
(b) It
is a defense to prosecution under this section if the owner or possessor:
(1) Holds a valid prohibited animal permit issued under this section;
(2) Is a governmental entity; or
(3) Is in temporary possession of a wild animal and is rehabilitating
such animal because it is injured or orphaned. The possessor must
have the appropriate state parks and wildlife department rehabilitation
permits.
(c) A
permit for possession of a prohibited animal may be issued to:
(2) A public or private primary or secondary school; or
(3) An animal exhibition, rodeo, or circus of which the animal is an
integral part if the animal is restrained from inflicting injury upon
persons, property, or other animals.
(d) Dangerous
wild animals, as defined in V.T.C.A., Health and Safety Code, section
822.101, shall be regulated in accordance with the provisions of V.T.C.A,
Health and Safety Code, chapter 822, subchapter E, section 822.101
et seq.
(Ordinance 2015-004, sec. 18, adopted 9/14/2015; Ordinance adopting 2024 Code)
(a) Nuisance declared.
It is hereby declared to be a public
nuisance that an owner harbors, keeps or maintains a dangerous dog
in the city unless the owner complies with the requirements of this
section, and state statutes regulating dangerous dogs.
(b) Requirements for owner of dangerous dog.
(1) Not later than the thirtieth (30th) day after a person learns that
the person is the owner of a dangerous dog, the person shall:
(A) Register the dangerous dog with the animal welfare officer;
(B) Restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure; and
(C) Obtain liability insurance coverage or show financial responsibility
in an amount of at least one hundred thousand dollars ($100,000.00),
to cover damages resulting from an attack by the dangerous dog causing
injury to a person.
(2) For purposes of this section, a person learns that the person is
the owner of a dangerous dog when:
(A) The owner knows of an attack described in the definition of “dangerous
dog”; or
(B) The owner is informed by the animal welfare officer that the dog
is a dangerous dog.
(3) If a person reports an incident described in the definition of “dangerous
dog,” the animal welfare officer may investigate the incident.
If, after receiving sworn statements of any witnesses, the animal
welfare officer determines the dog is a dangerous dog, he shall notify
the owner of that fact.
(4) The owner, not later than the thirtieth (30th) day after the date
the owner is notified that a dog owned by the owner is a dangerous
dog, may appeal the determination of the animal welfare officer to
the municipal court. An owner may appeal a decision of the municipal
court in the same manner as appeal for other civil cases. The determination
of the animal welfare officer is final if the owner does not timely
appeal.
(5) The animal welfare officer shall provide notice of the date, time
and location of the hearing to the owner of the dangerous dog and
to any complainant, either in person or by certified mail, return
receipt requested. At the hearing, all interested persons shall be
given the opportunity to be heard.
(c) Registration.
(1) The animal welfare officer shall annually register a dangerous dog
if the owner:
(A) Presents:
(i)
Proof of liability insurance or financial responsibility in
an amount of at least one hundred thousand dollars ($100,000.00),
to cover damages resulting from an attack by the damages resulting
from an attack [sic] by the dangerous dog causing bodily injury to
a person.
(ii)
Proof of current rabies vaccination of the dangerous dog.
(iii)
Proof of a secure enclosure in which the dangerous dog will
be kept.
(B) Pays an annual registration fee as established by the city council
from time to time.
(C) Provides two (2) color identification photographs of at least three
inches by three inches (3" x 3") of each dangerous dog with one (1)
photograph showing the frontal view and the other photograph showing
the side view of each dog.
(D) Provides the name and general description, including sex, weight,
color, predominate breed, height and length and any other discernible
features of the dangerous dog.
(2) The animal welfare officer shall provide to the owner registering
a dangerous dog a registration tag which shall be placed and maintained
on the dog’s collar at all times.
(3) If the owner of a dangerous dog sells or moves the dog to a new address,
the owner, not later than the fourteenth (14th) day after the date
of sale or move, shall notify the animal welfare officer. If the dangerous
dog has been sold or given, the former owner shall provide the animal
welfare officer with the name, address and telephone number of the
new owner. If the new owner resides in the city or if the animal is
kept in the city, the animal welfare officer shall notify the new
owner in person or by certified mail, return receipt requested, that
a determination has been made that the dog is dangerous and provide
the new owner with a copy of the requirements for the owner of a dangerous
dog. It shall be unlawful for the new owner to fail to comply with
such requirements.
(4) The owner of a registered dangerous dog shall notify the animal welfare
officer or city police department immediately if the dangerous dog
is running at large, has bitten or attacked a human being or another
animal, has died, or has been sold or given away.
(5) A dangerous dog must be kept muzzled at all times it leaves its secure
enclosure, and shall be restrained at all times on a leash which is
in the immediate control of a competent person in a secure location.
(d) Attack by dangerous dog.
(1) A person commits an offense if the person is the owner of a dangerous
dog and the dog makes an unprovoked attack on a person or another
animal outside the dog’s enclosure and causes bodily injury
to a person or another animal.
(2) An offense under this subsection is a class C misdemeanor, unless
the attack causes serious bodily injury or death to a person in which
event the offense will be referred to the proper authorities.
(3) If a person is found guilty of an offense under this section, the
court who hears the case may order the dangerous animal destroyed
by a licensed veterinarian or a person authorized by state law.
(4) In addition to criminal prosecution, a person who commits an offense
under this subsection is liable for a civil penalty not to exceed
$100,000.00. The city attorney may file suit in a court of competent
jurisdiction to collect the penalty, which shall be retained by the
city.
(e) Violations.
A person who owns or keeps custody or control
of a dangerous dog commits an offense if the person fails to comply
with any requirements for ownership of a dangerous dog. If the owner
of any dog determined to be dangerous under this section fails or
refuses to comply with the requirements of this section, the dog shall
be seized by the animal welfare officer and humanely destroyed.
(f) Defenses.
(1) It is a defense to prosecution under subsection
(d) or subsection
(e) of this section that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or a person employed by the state or a political subdivision of the state to deal with stray animals, and has temporary ownership, custody and control of the dangerous dog in connection with that position.
(2) It is a defense to prosecution under subsection
(d) or subsection
(e) of this section that the person is an employee of the institutional division of the state department of criminal justice or a law enforcement agency and trains or uses dogs for law enforcement or correction purposes.
(3) It is a defense to prosecution under subsection
(d) or subsection
(e) of this section that the person is a dog trainer or an employee of a guard dog company under the Private Security Act, V.T.C.A., Occupations Code, chapter 1702, as amended.
(4) It is a defense to prosecution under subsection
(d) and subsection
(e) of this section that the person is the animal welfare officer or a member of the animal welfare advisory board.
(Ordinance 2015-004, sec. 19, adopted 9/14/2015; Ordinance 2170227-14 adopted 2/27/2017)
It shall be unlawful to hunt, sell, purchase or possess a bat,
regardless if it is dead or alive.
(Ordinance 2015-004, sec. 21, adopted 9/14/2015)
(a) Permit required.
No person shall engage in the business
of selling, grooming, breeding, showing, exhibiting or the boarding
of animals without first having obtained a permit from the city. Written
application for a permit shall be made to the animal welfare officer.
The permit issued under this section shall be valid for one (1) year
from the date of issuance and shall be renewed annually thereafter.
The permit shall be conspicuously displayed in public view at the
business at all times. There will be no charge for the permit.
(b) Exceptions.
A permit shall not be required for licensed
veterinarians, veterinary clinics, or any person raising livestock
in an area properly zoned for such use.
(c) Inspection of premises.
The animal welfare officer is
authorized to inspect any such business, the animals, and the premises
where such animals are kept at reasonable times during normal business
hours to insure compliance with all provisions of this chapter.
(d) Sanitation.
In addition to the other requirements of
this chapter, such businesses shall keep all locations where animals
are kept in a clean and sanitary condition. Exercise areas shall be
cleaned of excrement at least twice each week or more often upon complaints
from adjacent property owners.
(e) Sales on roadside, parking lot, etc.
It shall be unlawful
to sell, give away or display for commercial purposes a live animal
on a roadside, public right-of-way, sidewalk, street, parkway or any
other public property or any property dedicated to public use, a commercial
parking lot, orat an outdoor special sale, swap meet, flea market,
parking lot sale or similar event. Nothing in this section shall prevent
adoption events sponsored by the city’s animal welfare personnel
or an animal welfare organization.
(Ordinance 2015-004, sec. 22, adopted 9/14/2015)
The owner or person who has custody or control of any animal
shall comply with the following standards upon complaints from adjacent
property owners:
(1) All
manure and other animal waste shall be removed from pens, corrals,
cages, yards, or other enclosures as necessary to control foul and
offensive odors to an approved disposal site.
(2) Refuse
on the premises shall be removed and disposed of by means approved
by the animal welfare officer.
(3) Watering
troughs or tanks shall be equipped with adequate facilities so as
to prevent breeding of flies, mosquitoes or other insects.
(4) No
decaying material shall be allowed to accumulate on the premises,
and all such materials shall be removed and disposed of by sanitary
means.
(Ordinance 2015-004, sec. 23, adopted 9/14/2015)
(a) It
shall be unlawful for the owner or person who has custody or control
of any animal not to provide:
(1) Sufficient nutritious and wholesome food, served to the animal in
clean containers, to maintain the animal in good health;
(2) Clean and wholesome water, served to the animal in a clean container,
such water to be available to the animal at all times;
(3) Adequate shelter and protection from the weather at all times; and
(4) Veterinary care as needed to prevent suffering.
(b) It
shall be unlawful for an owner or other person having custody or control
of any animal to abandon such animal.
(c) No
person other than a licensed veterinarian shall crop a dog’s
ears or tail.
(d) The
operator of any motor vehicle which strikes or injures a domesticated
animal shall stop and immediately render aid and report such incident
to the animal welfare officer or the city police department.
(e) It
shall be unlawful for any person to beat, starve, overwork, or to
otherwise abuse any animal.
(Ordinance 2015-004, sec. 24, adopted 9/14/2015)