The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Circus
means a commercial variety show featuring animal acts for the public at a fee or a part of a charity.
Commercial animal enterprise
means, but not limited to, animal breeders, kennels, pet shops, feed stores where animals are sold, riding stables, performing animal exhibitions, animal training services, grooming shops, petting zoos, aviaries, or similar enterprises relating to animals.
Kennel
means an establishment designed or used for the selling, breeding, or overnight boarding of animals.
Multi-pet owner
means a person who keeps or harbors more than five cats or dogs or any combination of more than five cats and dogs.
Performing animals
means animals used in a spectacle, display, act or event.
(Ordinance 1343 adopted 10/2/2024)
(a) 
Permits required.
(1) 
Permits shall be required for commercial animal enterprises, guard dogs, and multi-pet owners as defined by section 5-81 above or 55-83 below.
(2) 
Commercial animal enterprise permits shall be required for residences with common household pets having "litters" of puppies or kittens.
(b) 
Permit duration and fee; revocation.
(1) 
Permits shall be valid for one year from date of issuance and must be renewed annually within 30 days prior to the expiration date. The permit fee shall be according to the schedule established in appendix A to this code.
(2) 
Following an inspection noting violations of permit requirements or this article, an animal control officer may file an application with the municipal court to revoke a permit issued under this article. In addition to conducting a full revocation hearing, the municipal court judge may temporarily suspend a permit pending a full hearing if such immediate action is determined reasonably necessary to protect the public health or the safety of an animal.
(3) 
A permit may be revoked at any time if the owner's facility is found to be in violation of this chapter, zoning, health, or other applicable city ordinance, state law, or the facility is maintained in such a manner as to be detrimental to the health, safety, or welfare of the persons residing within a 200-foot radius of the premises.
(Ordinance 1343 adopted 10/2/2024)
(a) 
Guard dog permit applications shall include the following information:
(1) 
The business name, address, and telephone number of the commercial property where the guard dog(s) are to be used;
(2) 
The name, address, and telephone number of the dog's handler(s) who can be reached at any time during the day or night;
(3) 
The number of dogs to be used and a general description of their use;
(4) 
Description of the dogs, proof of their current rabies vaccination and city license;
(5) 
The location(s) where the guard dogs are to be housed; and
(6) 
Any other information that the animal control division deems necessary.
(b) 
Permit holders shall notify the animal control division if any information recorded as part of the permit application is changed during the course of the period for which the permit is issued.
(c) 
Upon receipt of an application to obtain or renew a guard dog permit, an animal control officer or his designee shall inspect the facilities where the guard dogs are or will be used and housed.
(d) 
If the inspection reveals that the requirements of this section are met, a permit fee for each commercial property shall be paid to the city and a permit will be issued.
(e) 
The permit shall be displayed at the approved commercial property, and a rabies vaccination and the city license tag shall be affixed to the collar of each dog used.
(f) 
Nothing in this subsection shall exempt guard dogs from any of the other provisions of this chapter.
(g) 
A guard dog permit shall be valid for the period of one year and must be renewed annually within 30 days prior to the expiration date.
(h) 
Each permit must be obtained prior to housing or utilizing guard dogs at the commercial properties where guard dogs are in use.
(i) 
This section does not apply to dogs used by federal, state, county or municipal law enforcement agencies, or correctional institutions.
(Ordinance 1343 adopted 10/2/2024)
(a) 
Requirements for a commercial animal enterprise permit:
(1) 
Upon inspection of the facility or premises by the animal control officer, the permit shall be issued if the following conditions are met:
a. 
The facility or premises shall be of sufficient size as to allow each animal kept to move about freely. The size of a facility or premises shall be in proportion to the size of the individual animal's height and weight unless otherwise determined by this chapter.
b. 
Adequate food and water shall be provided to each animal.
c. 
Animals kept shall be maintained in good health and free of malnutrition and dehydration.
d. 
The facility or premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and/or to the health of the general public.
e. 
The animals and the facility must be kept free of odor or stench offensive to a person of ordinary sensibilities.
f. 
The animals must be maintained in a manner which does not pose a danger to the health of the animals or to adjacent animals.
g. 
The animals must not cause noise offensive or disturbing to a person of ordinary sensibilities within a 200 foot radius of the premises.
h. 
All animals must be vaccinated and must wear current rabies vaccination tags and city license tag at all times in accordance with this chapter.
i. 
The applicant or holder of the permit shall not have been issued citations for violation of this chapter on two or more separate occasions, or animals covered by or to be covered by the permit have not been impounded on two or more separate occasions, or animals covered by or to be covered by the permit have not been in the possession of the animal control division for any amount of time or delivered to the animal control division on two or more separate occasions.
j. 
The chief of police shall adopt standard operational procedures for the animal control division to follow during the inspection of the premises or facility proposed for permitting and during the periodic monitoring of such premises or facility.
k. 
A commercial animal enterprise located in a residential area shall obtain written permission from property owners within a 200 foot radius of the premises or facility to operate. The commercial animal enterprise premises or facility shall comply with all other city ordinances relating to a home-based business.
(b) 
The animal control division shall periodically inspect the facility or premises to ensure compliance with this chapter.
(Ordinance 1343 adopted 10/2/2024)
(a) 
No person shall maintain, harbor, or care for more than five cats or dogs in any combination without having obtained a multi-animal owner permit.
(b) 
A multi-pet owner shall spay or neuter all dogs and cats greater than six months of age prior to obtaining a multi-pet owner permit. Each dog must have a minimum of 150 square feet per dog six months of age or older in its outdoor enclosure or fence.
(c) 
Upon inspection of the premises set aside for the animals by the animal control officer, the permit shall be issued if the following conditions are met:
(1) 
Premises shall be of sufficient size as to allow each animal kept to move about freely. Any indoor enclosures shall be in proportion to the size of the individual animal's height and weight.
(2) 
Adequate food and water shall be provided to each animal.
(3) 
Animals shall be maintained in good health and free of malnutrition and dehydration.
(4) 
The premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects, and flies that could be harmful to the animal's health and/or to the health of the general public.
(5) 
The premises and the animals shall be kept free of odor or stench offensive to a person of ordinary sensibilities.
(6) 
The animals must not cause noise offensive or disturbing to a person of ordinary sensibilities within a 200 foot radius of the premises.
(7) 
All animals must be vaccinated and must wear current rabies vaccination tags and city license tag at all times in accordance with this chapter.
(8) 
The applicant or holder of the permit shall not have been issued citations for violation of this chapter on two or more separate occasions, or animals covered by or to be covered by the permit have not been impounded on two or more separate occasions, or animals covered by or to be covered by the permit have not been in the possession of the animal control division for any amount of time or delivered to the animal control division on two or more separate occasions.
(9) 
The chief of police shall adopt standard operational procedures for the animal control division to follow during the inspection of such premises proposed for permitting and during the periodic monitoring of such premises.
(10) 
A multi-pet owner located in a residential area shall obtain written permission from property owners within a 200 foot radius around the premises for approval of the permit.
(d) 
The animal control division shall periodically inspect the premises to ensure compliance with this chapter.
(Ordinance 1343 adopted 10/2/2024)
(a) 
This article does not apply to:
(1) 
Zoological parks accredited by the American Association of Zoological Parks and Aquariums;
(2) 
Federally licensed research institutions;
(3) 
A government agency that uses the animals for an agency related education, propagation, or behavior program;
(4) 
A person holding a valid rehabilitation permit from the Texas Parks and Wildlife Department but only for animals which are in rehabilitation and scheduled to be released to the wild;
(5) 
A research facility as defined by the Animal Welfare Act (7 USC 2132) and licensed by the U.S. Department of Agriculture;
(6) 
A dangerous wild animal in the custody and control of a circus company or other similar entity not based in the city and the animal is in transit;
(7) 
An animal subject to this article in the temporary custody and control of a television or motion picture production company during production activities; or
(8) 
Any federal, state, or local government entity acting in official capacity and engaging in zoological activities.
(Ordinance 1343 adopted 10/2/2024)