(a) 
A person commits an offense if he/she restrains an animal with any tying device including a chain, rope, tether, leash, or cable, to attach an animal, directly or indirectly, to a stationary object or trolley system.
(b) 
It is an affirmative defense to prosecution under subsection (a) that:
(1) 
The restraint is required to protect the safety or welfare of a person or the animal; and
(2) 
The animal's owner remains in direct physical control of the animal; and
(3) 
The restraint occurs on the owner's private property and prevents the animal from being within ten (10) feet from the edge of any public right-of-way, street, sidewalk, park, other public land.
(c) 
The affirmative defenses provided in subsection (b) do not apply unless the restraint meets all of the following specifications:
(1) 
The chain, rope, tether, leash, cable, or other device is not attached to a choke-type, prong-type or pinch-type collar of any sort;
(2) 
The chain, rope, tether, leash, cable, or other device is attached to a properly fitted, collar or harness worn by the animal;
(3) 
The chain, rope, tether, leash, cable, or other device is not placed directly around the animal's neck;
(4) 
The chain, rope, tether, leash, cable, or other device does not exceed more than one-tenth of the animal's body weight;
(5) 
The chain, rope, tether, leash, cable, or other device, by design and placement, allows the animal a reasonable and unobstructed range of motion without entanglement; and
(6) 
The animal has access to adequate shelter and water as defined by sections 6-11(c) and 6-11(d).
(d) 
Nothing in this section authorizes an owner to allow an animal to run at large or to fail to provide restraint as required by section 6-80 of this chapter.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
A person or owner commits an offense if he/she keeps, harbors, uses or maintains any animal without proper and adequate care in violation of any of the provisions in this section.
(b) 
A person or owner commits an offense if he/she fails to provide an adequate enclosure for the animal that:
(1) 
Is constructed of sufficient strength, height, materials, and design to prevent the animal from escaping and to isolate the animal from the public and from other animals not under the care and control of the same person or owner; and
(2) 
Is designed, erected and maintained in accordance with applicable building and zoning requirements of the Code of Civil and Criminal Ordinances and the Land Development Code of the City; and
(3) 
Provides access to adequate natural or artificial shade from direct sunlight at all times and is large enough to contain all animals kept outdoors at one (1) time and is separate from any shade created from the designated shelter; and
(4) 
Provides a safe floor surface that does not permit the animal's feet or any portion of its foot to pass through any opening. The floor is constructed in a manner that protects the animal's feet and legs from injury.
(c) 
A person or owner commits an offense if he/she fails to provide adequate shelter that:
(1) 
Is accessible and allows the animal to enter and exit freely; and
(2) 
Consists of a solid-sided structure on three (3) or more sides with a roof or cover to allow the animal to remain dry and protected from weather, wind and moisture; and
(3) 
Provides natural or artificial shade for the animal to avoid direct sunlight and provides sufficient light for regular, diurnal lighting cycles; and
(4) 
Maintains a temperature that allows the animal to maintain normal body temperature and is not detrimental to the health of the animal; and
(5) 
Provides ventilation and access to an adequate supply of fresh air; and
(6) 
Is of adequate size to allow the animal to stand up, sit, turn around freely and lie down in a normal position; and
(7) 
Is cleaned and maintained in a manner to ensure sanitary conditions, control insects and pests, and to minimize the risk of disease and obnoxious odors.
(d) 
A person or owner commits an offense if he/she fails to provide clean and potable water at all times and in a clean and easily accessible container.
(e) 
A person or owner commits an offense if he/she fails to provide adequate food that:
(1) 
Is wholesome and contains sufficient quantity and nutritive value to maintain a healthy body weight;
(2) 
Meets the normal daily requirements for the species, condition and size of the animal;
(3) 
Is provided in a clean and easily accessible container; or
(4) 
Is placed in a location that minimizes contamination from feces, urine and pests.
(f) 
A person or owner commits an offense if he/she knowingly fails to provide veterinary care by a licensed veterinarian when such treatment is necessary to prevent pain and suffering and to prevent, treat or cure infestation, injury or disease.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
A person or owner commits an offense if he/she:
(1) 
Tortures, beats, torments, overloads, overworks, maims, disfigures, burns, scalds, causes serious bodily injury to, needlessly kills or otherwise abuses any animal;
(2) 
Engages or permits another person to engage in any sexual act with an animal;
(3) 
Deprives an animal of necessary food, water, care or shelter;
(4) 
Abandons any animal in the city;
(5) 
Confines any animal is such a way as to cause or permit unjustified pain or suffering;
(6) 
Causes, allows or permits an animal to remain in filthy conditions;
(7) 
Attaches a collar or harness to an animal that is of an inadequate size so that it inhibits the animal's breathing, swallowing or barking, or restricts the animal's growth, or causes damage to the skin;
(8) 
Teases or taunts any animal to provoke an aggressive or fearful response from the animal;
(9) 
Causes, instigates or trains an animal to fight another animal or allows or otherwise permits such activity on property that he owns or controls;
(10) 
Manufactures, buys, sells, barters, exchanges, possesses, advertises, or otherwise offers any animal fighting paraphernalia or training equipment;
(11) 
Docks the tail, removes the dew claws, crops the ears or performs other surgical procedures on a dog or cat unless he/she is a licensed veterinarian;
(12) 
Removes the comb, waddle or earlobes of any fowl (sometimes referred to as "dubbing");
(13) 
Mutilates any dead animal for reasons other than food preparation or taxidermy. Dissection in compliance with medical or veterinary research, medical or veterinary necropsy, and bona fide educational use of dead animals shall not be considered mutilation;
(14) 
Fails to provide or follow a treatment regimen prescribed by a licensed veterinarian for an animal with an obvious or diagnosed illness or injury; or
(15) 
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.
(b) 
This section does not apply to a licensed veterinarian or a euthanasia technician, performing euthanasia of animals following applicable laws.
(c) 
It is a defense to prosecution under this section if the animal is livestock or fowl slaughtered for human consumption without causing unjustified pain or suffering, and the animal is not slaughtered or processed in public view.
(d) 
The animal services manager shall have the authority, in accordance with the provisions of Chapter 821 of the Texas Health and Safety Code, to obtain a warrant for the seizure and impoundment of any animal subject to an investigation for inhumane treatment under this chapter or for cruel treatment under Texas Health and Safety Code, Chapter 821. Procedures regarding the disposition of the animal(s) shall be governed by and in accordance with this chapter and Texas Health and Safety Code, Chapter 821.
(e) 
Nothing in this section shall be construed to limit any duty imposed on a person by any other provision of this chapter or any applicable state or federal law.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
A person commits an offense if he/she leaves an animal in a standing or parked vehicle without providing the animal with adequate air and protection from heat or cold. An animal left under such conditions may be impounded.
(b) 
A person commits an offense if he/she transports or carries any animal in a motor vehicle unless the animal is safely enclosed within the vehicle; or if traveling in an unenclosed portion of a vehicle, including but not limited to, a convertible, pick-up truck, jeep, trailer or flatbed truck, the animal is safely confined by a seatbelt, vented container, cage or other device which will prevent the animal from falling, jumping, leaving or being thrown from the motor vehicle and from strangling on a leash, rope or tether of any type.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
A person commits an offense if he/she places, baits, sets or permits a trap to be set on property owned or controlled by him/her that is designed in such a fashion as to reasonably ensure trauma, injury or death of the entrapped animal.
(b) 
A person commits an offense if he/she sets a humane trap and does not check the trap for a trapped animal at least once every two (2) hours during daylight or at least once every eight (8) hours if left overnight.
(c) 
A person commits an offense if he/she does not provide humane care for any trapped animal including protection from the elements, including heat, cold and precipitation (rain, sleet, snow), and adequate food and water. Trapped dogs or cats bearing identification shall be turned over to the animal's owner or to the department.
(d) 
A person commits an offense if he/she places any substance, article or bait that has in any manner been treated with any poisonous or toxic substance, including antifreeze or any drug, in any place accessible to humans, birds, dogs, cats or other animals.
(e) 
A person commits an offense if he/she removes, alters, damages or otherwise tampers with a trap or other equipment belonging to, set by, or set at the request of the department.
(f) 
A person commits an offense if he/she releases or removes an animal from a trap belonging to, set by, or set at the request of the department.
(g) 
A person commits an offense if he/she sets a trap on public property without written permission from the animal services manager or if he/she sets a trap on another's property without written consent from the property owner.
(h) 
A person commits an offense if he/she transports any animal subject to a statewide rabies quarantine, pursuant to Texas Administrative Code, Title 25, §169.34, including any live species of coyote, raccoon or fox indigenous to North America.
(1) 
Animals subject to statewide quarantine may be transported by exempt individuals such as peace officers and individuals hired or contracted by local, state, or federal government agencies to deal with animals when such transport is part of their official duty.
(2) 
If an exempt individual transports such animals for release, the animals must be released within a ten-mile radius of where the animals were originally captured.
(i) 
This section shall not be interpreted to restrict the extermination of rats, mice, other rodents or insects through the use of traps, poisons or other commercially available means when used on the person's property or with the written consent of the property owner, and in accordance with the manufacturer's written label instructions except that the person is responsible for taking reasonable precautions to ensure that no human or animal, other than the targeted species, comes into contact with the traps, poison or other means and does not violate any other provision of this chapter.
(j) 
It is a defense to prosecution under subsection (a) if the use of such traps is deemed necessary by the animal services manager for the purpose of controlling communicable disease or invasive species.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
A person who resides in the city commits an offense if he/she is the owner of a dog or cat over four (4) months of age that is not implanted with a microchip and registered with a microchip registration company.
(1) 
The owner of a dog or cat shall maintain his/her current contact information with a microchip registration company, including current name, address and telephone number.
(2) 
If there is a change in ownership of a microchipped dog or cat, the transferring owner is responsible for ensuring that the microchip is no longer registered in the transferring owner's name within thirty (30) days of the date of change in ownership. The new owner is responsible for re-registering the microchip to have the registration information transferred to the new owner's name, and to provide an address and telephone number, within thirty (30) days after the change in ownership.
(b) 
A person commits an offense if he/she uses a registered microchip number for any animal other than the one for which it was issued.
(c) 
A person commits an offense if he/she owns any dog or cat in the city and the dog or cat is not wearing an identification tag with the owner's name and current phone number securely fastened to a collar or harness worn at all times when the dog or cat is outdoors.
(d) 
It is a defense to prosecution under subsection (a) that:
(1) 
The owner of a dog or cat presents verifiable written documentation from a licensed veterinarian certifying that the dog or cat is determined to be medically unsuitable for microchipping; and
a. 
The owner shall have the dog or cat permanently marked with an identifying tattoo by a licensed veterinarian. Written documentation that includes the identifying tattoo number and owner's name, address and telephone number must be provided to the department within thirty (30) days of tattooing, and
b. 
If there is a change in contact information, the owner of a tattooed dog or cat shall update contact information with the department within thirty (30) days of the date of the change in contact information. If there is a change in ownership of a tattooed dog or cat, the initial owner or keeper shall be responsible for notifying the department of the change within thirty (30) days of the date of change in ownership. The new owner or keeper is responsible for providing the department with the new owner's or keeper's name, address and telephone number within thirty (30) days after the change in ownership.
(e) 
It is a defense to prosecution under this section if:
(1) 
The owner of the dog or cat is not a resident of the city and is keeping the dog or cat in the city for less than thirty (30) days;
(2) 
The owner has owned or had possession of the dog or cat for less than thirty (30) days; or
(3) 
The owner has an unexpired City of Irving registration certificate for the dog or cat that was issued before the effective date of this chapter.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)