City of Lancaster, TX: Nuisances.

An animal that meets at least one (1) of the following criteria:

An animal that is not confined to the premises of the owner by substantial physical means of restraint of sufficient height, strength, and/or manner of construction to preclude the animal from leaving the premises of the owner or being able to come within six (6) feet of any public area;

An animal that is not under direct physical control of a person by means of a tether of sufficient strength and of a length of not more than six (6) feet.

The term "at-large" does not apply to an animal that is lawfully in any off-lease site or dog park authorized by the City of Lancaster or the City of Lancaster's Code of Ordinances, so long as the person with care, custody, or control of the animal is in compliance with all other requirements of the Lancaster Code of Ordinances. This definition does not apply to an indigenous wild or feral animal.

Basic grooming.

The maintaining of 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 (without regard to whether the person actually sought the 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.

Business day.

A day during which the animal shelter is open for business.

Cat.

The domestic mammal Felis catus commonly found in the environs of the city.

City.

The City of Lancaster, Texas.

City enforcement agent.

Any designee of the City of Lancaster Animal Services Director or law enforcement officer that is employed by the City of Lancaster.

Conviction.

Any of the following:

An adjudication of guilt;

A sentence imposed by a court; or

A court order of community supervision, including deferred adjudication.

Dangerous animal.

Any of the following:

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

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

(C)

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; or

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.

Department.

The City of Lancaster Animal Services Department.

Designated caretaker.

An animal control officer with euthanasia certification or the provisional assumption of ownership for the purposes of administering preventative immunizations and treatment including emergency humane euthanasia as directed by a licensed veterinarian in the event of suffering during an animal's stray hold period at an impound facility.

Direct physical control.

Having precautions in place so the person may exercise physical control over the animal in the event it should become necessary to do so to protect the animal, a human, or another animal from harm. For the purposes of this chapter, voice control, shock collars, e-collars, and collar-mounted electronic training devices, regardless of the animal's proximity or training status, shall not be considered direct physical control.

Dog.

The domestic mammal Canis familiaris commonly found in the environs of the city.

Domesticated animal.

Any animal that lawfully may be kept as a pet or as livestock within the City of Lancaster so long as all of the required provisions of this chapter are met, ownership or possession of said animal is not prohibited by any international, federal, local or state law, and it is not a wild animal, as defined herein, including but not limited, to the following animals:

Reptiles. Any nonvenomous reptile that does not typically reach total lengths greater than eight (8) feet;

Birds. Any birds commonly kept as pets, or any bird kept for falconry purposes by a state and federally permitted falconer;

Amphibians. Any frogs or toads commonly kept as pets;

Fish. Any fish commonly kept as pets; and

Local rabies control authority (LRCA).

Mammals. Any mammals commonly kept as pets or livestock including, but not limited to, dogs, cats, ferrets, rabbits, guinea pigs, hamsters, hedgehogs, rats, mice, chinchillas, sugar gliders, horses, cows, alpacas, and llamas.

Estrus.

A regular period of reproductive excitement in female mammals, during which the animal seeks to mate.

Euthanasia.

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

Feral animal.

Any unowned, untamed animal living in the wild that will not voluntarily accept handling by human beings despite usually being considered a domestic animal.

Grazing animal.

Domestic grazing animals that feed on grass or other lower vegetation and may be kept in open fields or structures for training, boarding, sales, or breeding and production, including, but not limited to, horses, mares, miniature horses, mules, jacks, jennies, colts, cows, calves, bulls, oxen, sheep, goats, lambs or llamas traditionally raised or kept in a farm or ranch environment. This definition does not define household pets, i.e., dogs, cats and potbellied pigs, as livestock.

Impound.

The placing of an animal in the city's animal shelter.

Inoculated.

The injection of an animal with an anti-rabies vaccine that is licensed by the United States Department of Agriculture for use in that species and which is administered in accordance with the label's directions and all state and federal laws for the purpose of immunizing the animal against rabies.

Kennel.

Any lot, building, structure, enclosure or premises where five (5) 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 domesticated animal typically kept to provide food or fiber or perform work, whether or not they actually provide these functions, including but not limited to, regardless of age, sex, or breed: horses, consisting of all equine species including ponies, mules, donkeys, jackasses, and burros; cattle, consisting of all bovine species; sheep, consisting of all ovine species; llamas and alpacas; goats, consisting of all caprine species; rabbits kept primarily outdoors or raised as a food or fiber source; chickens, ducks, and other fowl; and pigs or hogs, consisting of all swine species, with the exception of domestic dogs and cats, of any and all kinds.

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

Microchip.

An electronic device that is injected into an animal by means of a sterilized implanting device for purposes of identification and/or recovery of the animal by its owner or by local or other animal control authorities.

Notice.

As used herein, notice may be by personal service, certified mail (return receipt requested), or a written notice left at the entrance to the premises where the animal is harbored.

Owner.

Any person or persons, firm, partnership, corporation, association or entity that harbors, shelters, keeps, controls, manages, possesses or has whole or part interest in any animal. The occupant, owner or head of household of any premises where an animal remains for seventy-two (72) hours or more shall be presumed to be the owner of the animal. A property owner, occupant, or head of household of any premises on which a dog or cat remains or customarily returns to is an owner for purposes of this chapter. If a person under the age of seventeen (17) years owns an animal, the parent, legal guardian, or the head of the household shall be the owner for purposes of this chapter. There may be more than one (1) person who is the owner or responsible for an animal. This term shall include persons who are in temporary possession of the animal, including but not limited to, pet sitters, groomers, boarders, walkers, and trainers.

Person.

An individual or any association, corporation, firm, partnership or body politic and corporate.

Police service animal.

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

Quarantine.

To confine and isolate from human beings and other animals in a state-approved quarantine facility or in compliance with all stipulations of a home quarantine when allowed by the local rabies control authority. The quarantine period for a dog, cat, or a domestic ferret for rabies observation is two hundred forty (240) hours from the date and time of the bite, scratch or other exposure, or as specified by state law or rule.

Restrain.

To control an animal by physical means.

Search and rescue activity.

Any activity by a trained search and rescue dog under the direction and control of a nonprofit search and rescue organization or governmental entity to assist in the location of lost or missing persons or for other law enforcement or public safety purposes being performed at the request of a law enforcement agency.

Secure enclosure.

An animal housing enclosure that meets all of the following criteria:

Is located inside a separate fenced area;

Is locked;

Is capable of preventing the entry of the general public, including children;

Is capable of preventing the escape or release of an animal in the enclosure;

Is clearly marked as containing a dangerous animal;

Has an attached, secure roof;

(7)

Has a concrete floor or sides buried not less than two (2) feet into the ground and constructed to prevent the animal from digging under the secure enclosure and escaping;

(8)

Is located a minimum of five (5) feet from any fence line or wall that abuts private property or a public area; and

(9)

Complies with all additional requirements as established and provided in writing to the owner by the animal services department or this chapter.

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.

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, turn around, and lie down, but small enough to prevent the loss of body heat during cold weather.

Sterilize.

An animal rendered incapable of reproduction.

Tether.

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

Unprovoked.

The animal was not hit, kicked, pulled, struck, pinched, poked, prodded, shocked, or squeezed by a person with an object or part of the person's body, or otherwise teased or tormented in any manner.

Vicious animal.

Any individual animal that meets any of the following criteria:

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

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; or

An animal which the animal services director has reason to believe has a dangerous disposition likely to be harmful to other animals.

Wild animal.

Any animal not normally considered domesticated, regardless of the state or duration of captivity, that can typically be found in a wild state which, because of its size, potential disease threat, or other natural characteristic(s), would constitute a danger to human life, property or domestic animals, or any animal that is restricted from ownership by any international, federal, or state law including, but not limited to, the following animals:

Reptiles: Venomous reptiles, crocodiles, alligators, any reptile that typically reaches a total length greater than eight (8) feet, and iguanas;

Birds: Emus, ostriches, or rheas;

(C)

Mammals: Ocelots, lions, tigers, jaguars, leopards, cougars, bobcats, wolves, dingoes, coyotes, jackals, elephants, armadillos, kangaroos, wallabies, wallaroos, opossums, beavers, porcupines, weasels, martins, minks, badgers, pandas, bears, raccoons, bats, foxes, skunks, cheetahs, servals, caracals, hyenas, squirrels, wild rabbits, or nonhuman primates;

(D)

Any species illegal to own under federal or state law, or any animal which is, or may be hereafter, listed as a "high risk" animal in the Texas Rabies Control Act;

(E)

Any hybrid of any animal classified as a wild animal.

(F)

City ownership restricted unless rehab ordered by state.

§ 4.01.002 Enforcement, seizures and penalties.

The term "wild animal" as used in this chapter shall not include gerbils, hamsters, guinea pigs, mice or rabbits.

(Ordinance 2024-06-26 adopted 6/24/2024)

The animal services director and his designee(s) shall be responsible for the enforcement of this chapter and all other ordinances in the City of Lancaster Code of Ordinances pertaining to animals, unless otherwise provided by law or this chapter.

(b)

The animal services director and his designee(s) shall be responsible for the enforcement of all laws and regulations of the state of texas pertaining to animals that authorize the local health authority or animal services officers to enforce the same.

(c)

Any person violating any provision of this chapter by committing a prohibited act or by failing to commit a required act may be issued a notice to appear or summons to appear for such violation, and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in section 1.01.009 of the Code of Ordinances.

(d)

Each twenty-four (24) hour period of violation, and each separate animal or condition in violation of any provision of this chapter, shall constitute a separate offense.

(e)

For the purpose of proving violations of this chapter, the requirement of a culpable mental state is expressly waived, unless otherwise stated. If the definition of an offense under this chapter does not prescribe a culpable mental state, then a culpable mental state is not an element of the offense and is not required to be proven for conviction of the offense. Such offense, being an offense involving public health and safety, shall be punishable by a fine not to exceed two thousand dollars ($2,000.00).

(f)

City animal services and code enforcement personnel are authorized to seek a warrant or order from a court of competent jurisdiction to enforce this chapter, pursuant to all applicable local, state, and federal laws.

(g)

City animal services and/or code enforcement personnel shall have the power to search, seize and impound an animal with a warrant or court order under one (1) or more of the following conditions:

When there is probable cause to believe that the animal creates a nuisance as described in section 4.01.003 of this chapter;

When there is probable cause to believe that the animal has been abandoned or is being treated inhumanely as described in this chapter;

When there is probable cause to believe that the animal has rabies or has been exposed to rabies;

When there is probable cause to believe that the animal is not being quarantined for rabies observation under appropriate conditions as defined in this chapter;

When there is probable cause to believe that the animal meets the definition of a dangerous animal as defined in this chapter;

When there is probable cause to believe that the animal meets the definition of a wild animal as defined in this chapter;

(7)

When there is probable cause to believe that the animal has been infected with rabies or other zoonotic disease; or

(8)

When there is probable cause to believe that the animal is being possessed or harbored in violation of this chapter.

(h)

City animal services and/or code enforcement personnel shall have the power to search, seize and impound an animal without a warrant or court order, with probable cause as set forth in this section of the code, under the following conditions:

On public property, in all cases;

On private property, if:

The consent of the resident or property owner, or someone with apparent authority to consent, is obtained; or

Exigent circumstances exist and the city personnel reasonably believes that there is imminent danger of serious bodily injury or death to a human being, another animal, or the animal in question, and there is insufficient time to obtain a warrant.

Upon the request of a peace officer if the owner is not available and there is no one seventeen (17) years of age or older to accept responsibility for the animal.

(i)

The city department seizing and impounding the animal shall have forty-eight (48) hours or the next day the municipal court is open for business, whichever is later, from the time of the animal's seizure to request a hearing in the city's municipal court to determine the disposition of the animal in accordance with this chapter. If no hearing is requested, the animal shall be returned to its owner upon request from the owner, and payment of any applicable fees, including but not limited to impoundment fees. An animal not redeemed by its owner within seven (7) days may be placed for adoption or euthanized by the state.

(j)

The city personnel are authorized to use necessary force, including but not limited to breaking a vehicle's window, to make lawful seizures of animals pursuant to this chapter, subject to all local, state, and federal laws and court orders.

(Ordinance 2024-06-26 adopted 6/24/2024)

§ 4.01.003 Nuisances.

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

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

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

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

Permitting the premises on which such animal is kept or housed to be in an unclean or unsanitary condition;

Breeding or causing to be bred any animal within the public view, further licenses are required for dog or cat breeders in possession of five (5) or more female animals used for breeding; or

Allowing any female animal in estrus to be on any public property, or any private property not owned by the animal's owner, except to transport said animal to a veterinarian for treatment or to a planned breeding 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, including on park property.

(d)

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

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

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

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

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

The animal is under the direction and control of a nonprofit search and rescue organization participating in an authorized search and rescue activity.

(e)

It is an affirmative defense to prosecution under subsections (a)(2), (a)(4) and (a)(5) if the owner proves by a preponderance of the 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.

(f)

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, the municipal court judge may order the:

Disposition of the animal as provided in article 4.04 of this chapter, except that the animal may not be returned to the location where the animal resided at the time of the nuisance action;

Exclusion from the city limits of the animal; or

§ 4.01.004 Animals in parks or playgrounds.

Return of the animal to the owner.

(g)

After an order in subsection (f) 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.

(h)

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.

(i)

It is illegal for a person to knowingly present a pet as a service animal if the animal is not trained as one. A person committing the offense may face a misdemeanor punishable by a fine of not more than $1,000.00, and 30 hours of community service. Under the new law, a person who abuses or neglects their service dog will be subject to seizure of the animal.

(Ordinance 2024-06-26 adopted 6/24/2024)

General restrictions.

No person shall bring more than three (3) dogs at any given time to any park area.

The owner of the dog and/or the person in control or care of the dog shall be responsible for, and to make good, any damage caused in any event by such dog, whether or not leashed. The provisions of this subsection do not relieve the owner and/or person in control or care of said dog from liability to the city for violation of this section.

This section shall not be applicable wherein a dog or cat is participating in an animal show or exhibition held at a park or playground, provided such show or exhibition has received prior approval of the director of parks and recreation or his/her designate, and it was made known to the director of parks and recreation or his/her designate prior to approval that dog or cat participation would be a part of the event.

No person shall bring dogs, cats, or other animals into any city park for show or exhibition unless penned, caged or on a leash of not more than six feet (6) in length.

§ 4.01.005 Inhumane treatment of animals.

This prohibition shall not apply to a police service animal while under the supervision of a duly authorized peace officer in the performance of official duties or to animals which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements.

(Ordinance 2024-06-26 adopted 6/24/2024)

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

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

Transfers ownership or otherwise physically removes from its mother any dog, cat, ferret, or rabbit less than six (6) weeks old, or any other animal that is not yet weaned, except as advised by a licensed veterinarian;

Dyes or otherwise artificially colors any animal;

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

Abandons any animal that he or she has possession or ownership of at the animal shelter, 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;