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.
Licensed veterinarian
means a person currently licensed to practice veterinary medicine in the state.
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:
(1) 
Locked;
(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;
(B) 
Police dogs; or
(C) 
Feral cats.
(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
(3) 
Has abandoned an animal.
(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:
(1) 
A public zoo;
(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)