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:
Abandonment
means the leaving of an animal unattended for more than 24 hours, releasing the animal upon public highways or public or private lands, or failure to provide proper or adequate food, water, exercise, shelter or medical care. Returning an ear-tipped cat to the location where it was trapped after assessment, sterilization and vaccination shall not be considered abandonment under this article.
Abuse
means the mistreatment through intent or neglect of any animal in a manner that caused or is likely to cause stress or physical injury.
Adequate shelter
shall mean a sturdy, clean structure which provides animals:
(1) 
Protection from inclement weather;
(2) 
Allows the animal to avoid standing water;
(3) 
Is large enough for the animal to sit, stand turn around and lie down normally; and
(4) 
Protects the animal from direct sunlight, extreme heat, rain, and cold temperatures, and is properly ventilated.
Animal
means any living creature other than human, the term shall include livestock, fowl, reptiles, amphibians, and wildlife, as well as dogs, cats and other creatures commonly owned as pets.
Animal control officer or animal control office
means the officer or office of the city primarily responsible for the enforcement of regulations regarding animals.
Animal shelter
means a facility designated by the city to be used for the impoundment of dogs and cats taken up by the animal control officers.
Bite
means the breaking of the skin by an animal's teeth, mouth, or claws.
Cat
means a domesticated member of the felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard or cougar, ocelots or margays or cat hybrid.
Community cat
means any free roaming cat without visibly discernible evidence of ownership or microchip identification that may be cared for by one or more residents in the area, known or unknown. Community cats that are ear tipped indicate an unowned cat that is sterilized and vaccinated against rabies at least one time.
Community cat caretaker
means a person who provides care to a community cat such as food, water, shelter and veterinary care, while not being considered the owner, custodian, harborer, possessor, or keeper of a community cat under this ordinance.
Community cat program
means a program pursuant to which community cats are sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they were found.
Designated caretaker
means animal shelter attendants/humane society employees shall be the designated care taker of animals in their custody.
Dog
means all members of the canine family.
Health statement
means a statement from a veterinarian stating that an animal is healthy, free from signs of infections or contagious diseases, and up to date on vaccinations. It shall include: the animal's microchip number, the animal identification such as species, age or date of birth, sex, sterilization status and breed, and date of immunization.
Impound
means to place in the animal shelter.
Inclement weather
means conditions in which the actual or effective outdoor temperature is below 32 degrees Fahrenheit or above 80 degrees Fahrenheit, or there is an active advisory for hurricane, windstorm, tropical storm, flood, flash flood, severe thunderstorm, or tornado warning issued by the National Weather Service.
Keeper
means any person owning, claiming, keeping, having in possession, harboring, or permitting to be harbored or kept, having the care of permitting any animal to remain on or about his premises.
Kennel
means any building, lot, yard, shed or other place on or in which six or more dogs or cats more than eight weeks old are kept; or any building, lot, yard, shed or other place on or in which one or more dogs or cats are boarder for pay.
Leash
means a rope, cord, strap, chain, or strand not shorter than ten feet in length attached to such dog in such a manner as to enable a person to control and restrain the movements of such dog, such control and restraint including, but not being limited to, preventing such dog from contacting another person or trespassing upon private property or restricted public property.
Licensed veterinarian
means any veterinarian licensed by any state of the United States, and, in addition, if practicing in this state, licensed by the Texas State Board of Veterinarian Examiners.
Microchip
means a small radio frequency identification device that is inserted between the shoulder blades of an animal and is inert until activated by a scanner. The microchip provides specific information about an animal's identity.
Neutered
means any animal, male or female, rendered incapable of breeding or being bred, i.e., castration in the male and spaying or ovariectomy in the female.
Nuisance by an animal
means:
(1) 
The damaging, soiling, defiling, urinating or defecating upon, or repeatedly trespassing upon, property other than its owner's.
(2) 
Excessive, continuous, or unreasonable, unwarranted whining, howling, barking or annoying noise making so as to disturb the peace and repose of persons living or working nearby.
(3) 
Molesting, threatening, attacking or interfering with persons on private or public property, chasing motor vehicles or bicycles, attacking other domestic animals, or disturbing or turning over garbage or trash containers, or causing unsanitary conditions or odors on or about the premises of its owner by urination or defecation.
Officer
means any official of the city deputized as such with authority to carry out and perform the various acts provided to be performed by city officers under this article.
Owner
means any person who has purchased or who owns, keeps, maintain, or harbors or has care, custody or control of one or more animals. Community cat caretakers, as defined herein, shall not be considered an owner for the purposes of licensing and enforcement under this article.
Premises of the keeper
means those private property premises under the occupancy and control of a keeper by ownership, lease, or other rental agreement.
Run at large
means to be free of restraint beyond the boundaries of the premises of the keeper.
Serious injury
means injury that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Tattoo
means a permanent mark which is made on the skin of an animal by puncturing the skin and inserting indelible color, and which is used to show ownership or signifies the animal has been vaccinated.
Vaccination
means the protective inoculation against rabies by inoculation with antirabies vaccine recognized and approved by the United States Department of Agriculture, Bureau of Animal Industry, given in an amount sufficient to provide immunity from rabies.
Vaccination certificate
means a certificate issued by a licensed veterinarian for presentation to the environmental health department of the city as a condition precedent to granting of a dog license.
Veterinarian
means any person duly licensed to practice veterinary medicine by the state board of veterinary examiners.
Vicious animal
means any individual animal that has:
(1) 
On one occasion caused serious injury to a person or other animal, or killed any animal; or
(2) 
On two or more occasions attacked or bitten any person or other animal.
Wild animal
means all lions, tigers, ocelots, bobcats, panthers, cougars, leopards, cheetahs, jaguars, lynxes, servals, caracals, hyenas, wolves, coyotes, jackals, bears, baboons, chimpanzees, orangutans, gorillas, skunks, raccoons, armadillos, or hybrids of these species, and any other animal typically found in a zoo, with the exception of domestic dogs, domestic cats, livestock and poultry.
(Code 1973, § 5-31; Code 1997, § 90.25; Ordinance 57-15, adopted 9/18/1957; Ordinance 81-57, adopted 7/15/1981; Ordinance 83-33, adopted 4/20/1983; Ordinance 88-3, adopted 1/5/1988; Ordinance 99-36, adopted 6/2/1999; Ordinance 99-49, adopted 8/4/1999; Ordinance 04-28, adopted 4/21/2004; Ordinance 16-13, § 1, adopted 2/3/2016; Ordinance 2022-05, § I, adopted 2/2/2022; Ordinance 2023-10, adopted 4/5/2023; Ordinance 2023-31, § 1, adopted 8/2/2023)
It shall be unlawful for any keeper to keep, maintain, or harbor a rabid animal within the city.
(Code 1973, § 5-35; Code 1997, § 90.29; Ordinance 57-15, adopted 9/18/1957; Ordinance 76-32, adopted 7/27/1976; Ordinance 04-28, adopted 4/21/2004)
The keeping of any animal within the city in such manner, or under such conditions, as to cause a hazard or danger to the public health, or which produce noxious odors or disturbing noises, or discomfort or annoyance, to persons of ordinary sensibilities in the immediate vicinity thereof, is hereby declared to be a nuisance and is hereby prohibited.
(Code 1997, § 90.38; Ordinance 04-28, adopted 4/21/2004)
No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance with such public nuisance being defined as any animal which barks, whines, or howls in an excessive, continuous, or untimely fashion to such an extent as to interfere with or prevent a reasonable person from obtaining the reasonable and necessary sleep, rest, and relaxation normally and reasonably required to maintain a reasonable person's health.
(Code 1973, § 5-55; Code 1997, § 90.36; Ordinance 77-14, adopted 3/22/1977; Ordinance 04-28, adopted 4/21/2004)
(a) 
An animal's owner shall keep the animal in a clean, sanitary, and healthy condition.
(b) 
An animal's owner or handler shall provide for the animal:
(1) 
Adequate amounts of nutritious food that is appropriate for the species and which maintains the animal in good health;
(2) 
An adequate supply of clean, fresh, potable water that keeps the animal hydrated for environmental conditions; and
(3) 
Care and medical treatment for injuries, parasites, and diseases that is sufficient to maintain the animal in good health and minimize suffering.
(c) 
An animal's owner shall provide the animal with adequate shelter.
(d) 
An animal's owner may not confine the animal to the extent that it is forced to stand, sit, or lie in its own excrement.
(e) 
An animal's owner shall regularly maintain the animal and its shelter to prevent odor or a health or sanitation problem.
(f) 
An animal's owner shall provide the animal with exercise space that is large enough to prevent injury and keep the animal in good condition.
(g) 
No owner shall abandon any animal, abandonment consisting of leaving such animal for a period more than 24 hours, without providing for someone to feed, water, and check the animal's condition.
(h) 
No owner shall leave an animal by a roadside or other area or leave such animal on either public or private property, without the property owner's consent. An animal so left shall be deemed abandoned. If an animal is found so abandoned, such animal may be taken by an animal control officer or police officer and impounded in the animal shelter or other facility maintained by the city, and there confined in a humane manner. Such animal, if taken from private property, shall be kept for not less than 72 hours. In the event the animal is so abandoned, the owner or the person, if and whom he has charged with the animal's care, shall be subject to a citation in violation of this section. It is a defense to prosecution if the animal is left inside an animal shelter located on city-owned property during normal business hours.
(i) 
A violation of section 6-121 shall be punishable by a fine up to $500.00.
(j) 
It is an affirmative defense to prosecution under this section that the animal's treatment was as directed by a licensed veterinarian.
(Code 1997, § 90.40; Ordinance 04-28, adopted 4/21/2004; Ordinance 16-13, § 1, adopted 2/3/2016; Ordinance 16-30, § III, adopted 6/22/2016; Ordinance 2023-31, § 2, adopted 8/2/2023)
A person commits an offense if the person sells, trades, barters, leases, rents, gives away, or displays for a commercial purpose a live animal on a roadside, public right-of-way, or commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale, or similar event.
(Code 1997, § 90.41; Ordinance 04-28, adopted 4/21/2004)
It shall be unlawful to harbor, have, keep, or possess any wild animal or poisonous reptiles within the city limits except in an approved zoo, circus, school, or college for educational purposes. Possession of a wild animal pursuant to this section may be subject to regulations prescribed by the city environmental health director for indemnification of the city, proof of insurance and such other conditions deemed necessary to preserve the safety and welfare of the public.
(Code 1997, § 90.42; Ordinance 04-28, adopted 4/21/2004)