The owner of any animal in the city is responsible for the behavior and conduct of that animal at all times, including conduct that creates a public nuisance. A person commits an offense if by act, omission or possession, he/she allows an animal to create a public nuisance. The following are public nuisances:
(a) 
Animals at large.
(1) 
A person commits an offense if he/she owns an animal and fails to prevent it from being at large within the city.
(2) 
A person commits an offense if he/she owns an animal and fails to provide an enclosure or system of restraint secure enough to prevent the animal from escaping and/or being at large.
(b) 
A person commits an offense if he/she permits animal waste to accumulate in any pen, enclosure, yard, grounds, premises or structures belonging to, controlled by or occupied by him/her in a quantity sufficient to become nauseating, foul, offensive or disagreeable to a person of reasonable sensibilities residing in the vicinity, or which creates a condition conducive to the breeding or attraction of insects or other pests, or in any manner endangers the public health, safety or welfare.
(c) 
A person commits an offense if he/she allows his/her animal's feces to remain in any public place or on another's private property. It is the duty of such person to carry a container or bag to properly dispose of their animal's feces.
(d) 
A person commits an offense if he/she owns any animal that makes or creates an animal noise disturbance of any type, in such a manner that it disturbs, distresses or annoys a person of reasonable sensibilities on any adjacent property not owned or controlled by the subject animal's owner or within the vicinity of hearing thereof.
(e) 
A person commits and offense if he/she intentionally feeds any animal or makes food available for animal consumption in a manner that:
(1) 
Creates a danger to public health or safety;
(2) 
Destroys public or private property; or
(3) 
Causes more than ten (10) adult animals to congregate in one (1) location at the same time.
A person is deemed to have fed an animal if he/she places any substance that meets the nutritional needs of the animal(s) within reach of animals.
(f) 
It is a defense to prosecution under subsection (e) that the person is a licensed veterinarian, a peace officer, or a person employed by the department, the state or a political subdivision of the state who is acting pursuant to a lawfully authorized program to manage animal populations and who is acting within the scope of the person's duties and authority.
(g) 
It is a defense to prosecution under subsection (a) if:
(1) 
The animal is a feral or community cat that has been sterilized, vaccinated for rabies and ear notched; or
(2) 
The animal is a dog and is off leash in a dog park.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
Any presenter, exhibitor, owner or operator of a circus, rodeo, animal exhibition or entertainment show must apply for an animal exhibition permit at least thirty (30) days prior to the exhibition, performance or display.
(b) 
The permit application shall contain information as to the exact dates, times, locations, transportation and animal containment arrangements, and records for each animal involved in such events showing that the animals are certified as healthy by a licensed veterinarian and all required local, state and federal requirements, including any licensing, have been met. The permit application shall also include the name, address and phone number of the person who will keep, confine and care for the animals during the exhibition and any other relevant information requested by the department.
(c) 
A permit may be issued for an exhibition period of not more than seven (7) consecutive calendar days if the required animal exhibition fee is paid and the following conditions are met:
(1) 
The presenter, exhibitor, owner or operator allows inspection of the records, animals and facilities in which they are being kept before and during the exhibition at any reasonable time; and
(2) 
Written procedures are in place for any escape, injury or other emergency, including reporting bites or scratches to the local rabies control authority; and
(3) 
A licensed veterinarian is present at all such functions; and
(4) 
All areas used by the exhibitor, including facilities where animals are kept, are kept clean and all waste is properly disposed of; and
(5) 
The animals are kept in compliance with all the applicable provisions of this chapter.
(d) 
The animal services manager may deny or revoke an animal exhibition permit if he/she determines that the exhibition presents a risk to public safety or to the safety of the animals at the exhibition. The animal services manager shall provide to the permit applicant written notice of his/her decision to deny or revoke a permit stating the reasons for the denial or revocation.
(e) 
A permit shall not be required for any animal exhibition operated by a governmental entity, public zoological park, or a bona fide medical, educational or research institution.
(f) 
A person commits an offense if he/she presents, exhibits, or shows any animals without a permit required by this section.
(g) 
A person commits an offense if he/she presents, exhibits, owns or operates a circus, rodeo, animal exhibition or entertainment show in violation of any of the provisions of this section or fails to maintain the conditions specified in subsection (c).
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
An owner commits an offense if he/she breeds or allows the breeding a dog or cat without a valid breeding permit.
(b) 
An owner commits an offense if he/she allows or permits any female dog or cat to have more than one (1) litter in any twelve (12) month period.
(c) 
A breeding permit may only be issued for a dog or cat:
(1) 
That is currently vaccinated as required by section 6-30 of this chapter; and
(2) 
That is currently microchipped and registered as required by section 6-15 of this chapter; and
(3) 
That has been approved for breeding by a licensed veterinarian, and such is provided in writing and signed by the veterinarian, within ninety (90) days before the date of the breeding permit application; and
(4) 
Whose owner holds a license as required by Texas Occupations Code § 802.101, as amended.
(d) 
To obtain a breeding permit, a person must submit an application to the animal services manager and pay the required fee. The application must include:
(1) 
The name, address and telephone number of the applicant; and
(2) 
The location where the dog or cat is harbored; and
(3) 
A description of the dog or cat, including but not limited to, age, breed, sex, microchip number, distinguishing marks and a photograph of the animal; and
(4) 
Valid proof that all the requirements set forth in subsection (c) are met; and
(5) 
Any other information determined necessary by the animal services manager for the enforcement and administration of this section.
(e) 
A breeding permit is not transferable and shall be valid for one (1) year after the date of issuance, unless revoked.
(f) 
A separate breeding permit is required for each dog or cat that is kept unsterilized for the purpose of breeding.
(g) 
The animal services manager may deny or revoke a breeding permit if it is determined that the applicant or permittee:
(1) 
Failed to comply with any of the provisions of this chapter; or
(2) 
Intentionally made a false statement as to a material matter on the breeding permit application.
(h) 
If the animal services manager denies or revokes a breeding permit, the animal services manager shall provide to the permit applicant written notice of his/her decision to deny or revoke a permit stating the reasons for the denial or revocation.
(i) 
It is a defense to prosecution under subsection (b) that the person has a valid breeding permit, and the person provides a signed, written statement from a licensed veterinarian that the first litter was euthanized or did not survive.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)