(Ordinance 036 Rev. 6, sec. 1, adopted 2/21/2023)
(a) Dangerous animals.
It is unlawful for any person to
harbor vicious, dangerous or wild animals within the city limits,
including ownership or control of all animals prohibited by state
or federal law, and shall include, but are not limited to, the following
animals or any hybrid of these animals or such other class of animals
as may be determined to be dangerous by the city or any other dangerous
animal which may be added in the future to the list as a high risk
animal in the Texas Health and Safety Code (chapter 826, Rabies).
(1) Class Mammalia: Family Canidae (such as wolves, coyotes, and foxes)
except domesticated dogs and hybrids involving same; family Mustelidae
(such as weasels, fishers, skunks, wolverines, mink and badgers);
family Procyonidae (such as raccoons); family Ursidae (such as bears);
and order Chiropteran (such as bats).
(2) Poisonous reptiles, cobras and their allies (Elapid, Hydrophiidae);
vipers and their allies (Crotiladae, Viperidae); Boomslang and Kirtland's
tree snakes; Gila monsters (Helodermatid); and crocodiles, alligators
and their allies (order Loricata) and non-venomous reptiles over six
feet in length.
(3) Brown recluse (Liposcelis [Loxosceles]) and black widow (Latrodectus)
spiders.
(4) Any individual species and/or subspecies of the following animals:
antelope, order Carnivora, family Felidae (such as lions, tigers,
and cougars, leopards, cheetahs, jaguars), hyenas, bears, lesser pandas,
ferrets from natural habitats, order Primata (such as monkeys, chimpanzees,
apes), binturong, miniature pigs, elephants, Vietnamese potbelly pigs,
or such other non-domestic species of animal.
(b) Fowl.
It is unlawful for any person to harbor any fowl
such as chickens, ducks, geese or turkeys, excluding caged pet birds
such as parakeets and parrots.
(c) Swine, horses, goats, etc.
Except as provided in sections
3.01.013 and
3.01.014, the keeping, harboring, maintaining, having custody of, or any other manner of possession of swine, hogs, and pigs, any horse, mule, jack, jennet, cattle, hog, goat, or sheep (estray) is prohibited within the city limits regardless of how any area may be zoned and regardless of the reason or purpose for keeping, harboring, maintaining, having custody of, or otherwise possessing such animals.
(d) Dangerous dogs.
The provisions of V.T.C.A., Health and
Safety Code, chapter 822 regarding dangerous dogs are included by
reference as part of this chapter.
(e) Dangerous wild animals.
The provisions of V.T.C.A.,
Health and Safety Code, chapter 822 regarding dangerous wild animals
are included by reference as part of this chapter.
(Ordinance 036 Rev. 6, sec. 2, adopted 2/21/2023; Ordinance adopting Code)
(a) Generally.
All animals harbored within a property shall
be kept under restraint at all times.
(b) Dogs.
(1) All dogs must be restrained at all times by:
(A) Being enclosed within the owner's residence or other building maintained
by and on the owner's property, or
(B) Confined on the owner's property within a fence or other enclosure
reasonably designed to prohibit the dog from becoming loose. It shall
be unlawful to leave a dog unattended while on a chain, leash or tether.
(2) When not confined as in subsection
(1)(A) or
(B) above, the dog must be securely leashed or tethered and under the control of the owner, a member of the owner's family, or the owner's agent. Securely leashed shall mean that one end of the leash is securely fastened to the dog's collar, harness or other device attached to the dog and the other end of the leash is held firmly by the owner, a member of the owner's family, or the owner's agent.
(c) Allowing animal to run at large.
An animal shall be
considered to be at large if it is not under the control of its owner
by either a leash, chain, cord, or other suitable material attached
to a collar or harness, except as previously defined. It shall be
unlawful for any person who owns, keeps, harbors or otherwise has
control over any animal within the city to intentionally, knowingly,
recklessly or with criminal negligence allow or permit such animal
to run or be at large within the city.
(d) Exceptions.
The city may make exceptions as they deem
necessary to the above rules, in situations including, but not limited
to:
(1) When swimming in waters adjacent to the above said properties. Dogs
in the act of retrieving objects from the public waterways must be
in direct visual and voice control of the owner and may not be allowed
off the leash or restraining device if another animal not under the
same ownership is in the area;
(2) When assisting a law enforcement officer in the performance of police
work;
(3) When assisting a duly authorized person in an official search and
rescue operation;
(4) When assisting as a service dog to a legally blind person or other
disabled person.
(e) Cats.
Cats do not require a leash or tether.
(f) Pet birds.
Pet birds must be confined inside the property owner's residence, outbuilding, or other enclosure in compliance with the zoning ordinance (article
9.02).
(Ordinance 036 Rev. 6, sec. 3, adopted 2/21/2023)
It shall be unlawful for any person to picket, tie, tether,
or restrain any animal in, on, or along any public street, right-of-way,
other public lands, or any park within the city limits for any purpose
whatsoever.
(Ordinance 036 Rev. 6, sec. 4, adopted 2/21/2023)
It shall be unlawful to tether a dog while outdoors, except
when all of the following conditions are met:
(1) The
dog is in a visual range of the responsible party, and the responsible
party is located outside with the dog.
(2) The
dog is tethered in such a manner as to prevent injury, strangulation,
or entanglement. If there are multiple dogs, each dog is tethered
separately.
(3) The
dog is not outside during a period of extreme weather, thunderstorms,
tornadoes, tropical storms, or hurricanes.
(4) The
dog has access to water, shelter, and dry ground.
(Ordinance 036 Rev. 6, sec. 4, adopted 2/21/2023)
No person shall beat, cruelly ill-treat, torment, mentally abuse,
overload, overwork or otherwise abuse an animal or cause, instigate,
or permit any dogfight, cockfight, bullfight or other combat between
animals or between animals and humans.
(Ordinance 036 Rev. 6, sec. 5, adopted 2/21/2023)
(a) Any
animal causing excessive and/or continuous noise found objectionable
by residents of the city must be restrained within the residence or
other building on the owner's property in such a manner as to confine
the noise within such building so that the noise may not be heard
by other residents of the city.
(b) Any
animal deemed to be molesting passersby, chasing vehicles, biting
or attacking other animals or humans, trespassing or defecating or
otherwise abusing another person's property shall be deemed a public
nuisance.
(1) A person commits an offense if such person owns or possesses any
animal that is a nuisance. An animal shall be deemed to be a nuisance
under the following circumstances:
(A) The animal molests or chases persons or their vehicles, including
bicycles, without being provoked.
(B) The animal makes unprovoked attacks on other animals.
(C) The animal is at large three or more times in a rolling 12-month
period.
(D) The animal damages, soils, marks, or leaves an offending odor, defiles,
or digs up public property or private property, other than property
belonging to or under the control of the owner.
(E) The animal barks, whines, howls, meows, crows, cackles, or makes
any noise excessively and continuously.
(F) The animal produces odors or unclean conditions sufficient to annoy
persons living in the vicinity.
(G) The animal gets into trash that does not belong to the animal's owner.
(2) If the city determines that an animal is a nuisance animal, city shall consider whether the situation may be resolved informally as provided by article
1.03.
(c) Before
filing a complaint with the city, an offended party should speak with
or leave a documented note directly with the owner or person in control
of the offending animal. It is possible the owner is unaware that
the dog is barking when they are not home. If it is suspected that
the nuisance animal is barking due to cruelty, such as being tied
constantly in a yard or kept outdoors without proper food and shelter,
report it to the city.
(Ordinance 036 Rev. 6, sec. 5, adopted 2/21/2023)
Any person who, as the operator of a motor vehicle, strikes
a domestic animal shall immediately report such injury or death to
the animal's owner; in the event the owner cannot be ascertained and
located, such operator shall at once report the accident to the city
or the local humane society.
(Ordinance 036 Rev. 6, sec. 5, adopted 2/21/2023)
(a) Pet
owners are responsible for picking up pet droppings on their property
weekly and disposing of such in their trash can for regular pickup
and removal from the city.
(b) Persons
exercising pets on property other than their own are required to utilize
cleanup equipment in such a manner that pet droppings are not left
on the property of persons other than that of the pet owner.
(Ordinance 036 Rev. 6, sec. 6, adopted 2/21/2023)
No person shall own, keep or harbor any animal that has not
been vaccinated in accordance with the laws of the state.
(Ordinance 036 Rev. 6, sec. 7, adopted 2/21/2023)
All dogs are required to wear a collar, harness or similar device
at all times and to which is attached a current veterinarian's vaccination
tag. It is recommended, but not required, that all dogs also have
a tag showing the dog's name as well as the owner's name with contact
information attached to its collar.
(Ordinance 036 Rev. 6, sec. 8, adopted 2/21/2023)
(a) As
a matter of public health and safety it shall be unlawful to maintain
more than two (2) dogs and/or two (2) cats per household for a total
of 4 pets within the city limits.
(b) In
the event of a litter, said litter should be removed within ninety
(90) days after birth.
(c) No
animal breeding operations are allowed within the city limits.
(Ordinance 036 Rev. 6, sec. 9, adopted 2/21/2023)
"Large agricultural animals" (such as sheep, goats, horses and
cattle) may be kept only in that portion of the city that is zoned
Agricultural.
(Ordinance 036 Rev. 6, sec. 10,
adopted 2/21/2023)
Horses are allowed, if certain conditions are met as set forth in the zoning ordinance (article
9.02).
(Ordinance 036 Rev. 6, sec. 11,
adopted 2/21/2023)
(Ordinance 036 Rev. 6, sec. 12,
adopted 2/21/2023)