For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE SHELTER.
A structurally sound, moisture-proof and wind-proof shelter large enough to enable the animal or fowl to move freely, having enclosed walls or sides, a doorway of such size the animal can enter, a roof, and a solid level floor to which the animal may seek refuge from moisture, wind and excessive heat or cold, and maintained in a clean, sanitary and healthy manner so that the animal or fowl need not stand, sit or lie in excrement.
ADULT.
The same meaning as set forth in Tex. Family Code § 101.003.
ANIMAL.
A living being of the biological kingdom Animality, having a capacity for spontaneous movement and rapid motor response to stimulation, and not of a species having a capacity for articulate speech.
ANIMAL SERVICES OFFICER.
Any person designated by the city as an employee who is authorized and qualified to perform animal control duties under the laws of the city.
ANIMAL SHELTER.
Any facility operated by a humane society or the city or its authorized agents, or contracting facility for the purpose of impounding or caring for animals held under the authority of this chapter.
AT LARGE.
Off the premises of the owner and not under the complete control, either by leash, cord, chain, or similar method of physical restraint of a person having charge of the animal or on the premises of the owner and neither confined to the premises by means of a leash, cord, chain, or enclosure, nor within the direct, constant, and immediate presence of a person having effective verbal command of the animal.
BACKYARD CHICKEN.
A female chicken (hen) which is possessed or harbored to provide eggs and egg production for personal consumption by persons residing on the lot or tract where the backyard chicken is kept.
CHICKEN COOP.
An enclosed structure constructed with three or more sides, with a roof or other cover capable of allowing chickens kept inside the coop to remain dry and protected from the elements and which provides direct access by an enclosed passage between the roosting area and any adjacent exercise yard. A "chicken coop" must have a floor and a door that allows the chickens to move back and forth between the chicken coop and the adjacent exercise yard.
COMMUNITY CAT.
A member of the domestic species Felis Catus and shall mean a free-roaming cat who may be cared for by one or more residents of the immediate area who is/are known or unknown; a community cat may or may not be feral. Community cats are not wildlife.
COMMUNITY CAT CAREGIVER.
A person who, in accordance with a pursuant to a policy of Trap-Neuter-Return, provides care, including food, shelter, or medical care to a community cat, while not being considered the owner, harborer, controller, or keeper of a community cat.
CURRENT VACCINATION.
Means that the animal was:
(1) 
Vaccinated by the time the animal is 16 weeks of age, or within 30 days of acquisition if the animal is over 16 weeks of age when acquired; and
(2) 
After the initial vaccination, re-vaccinated against rabies within the last year if the most recent vaccination was of the 12-month variety, or within the last three years if the most recent vaccination was of the 36-month variety.
DANGEROUS DOG.
A dog that:
(1) 
By means of angry, threatening, or aggressive behavior demonstrates the apparent ability and inclination to attack, injure or kill a human being or domestic animal without provocation;
(2) 
Attacks a human being or domestic animal without provocation;
(3) 
Has behaved in such a manner that the owner thereof knows or should reasonable know that the dog is possessed of vicious tendencies;
(4) 
Is certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life or property upon the basis of reasonable medical probability; or
(5) 
Is described by Tex. Health and Safety Code, § 822.041, as amended from time to time.
DOMESTIC ANIMAL.
An animal that is domesticated or kept in captivity, such as for a pet or for farm produce, rather than living in a wild or feral state.
EAR TIP.
The removal of the distal one-quarter of a community cat’s left ear, which is approximately ⅜-inch, or 1-cm, in an adult and proportionally smaller in a kitten. This procedure is performed under sterile conditions while the cat is under anesthesia, in compliance with any applicable federal or state law, and under supervision of a licensed veterinarian. Ear tips are designed to identify a community cat as being sterilized and lawfully vaccinated for rabies.
EXERCISE YARD.
An enclosed pen outside of the chicken coop in which chickens can move about in a confined space. The "exercise yard" must be covered with wire or solid material to ensure that chickens remain confined and are unable to escape. An "exercise yard" must have more than ten square feet of surface area for each backyard chicken that is kept within the exercise yard and shall not exceed a total of 120 square feet in area.
FOWL.
A bird of any kind.
HUMANE SOCIETY.
An organization regarded as nonprofit founded for the prevention of cruelty to animals and education of the public.
KEEP.
To retain on the premises by any means; to harbor, to control, own, or have custody or possession of.
KENNEL.
A place in which five or more dogs or cats at least six months-of-age are kept, boarded, or trained, by the owners of the dogs or cats or by persons providing facilities and care, with or without compensation.
MAINTAIN.
To feed, shelter, protect, provide for, or bear the expense of.
OWNER.
Any person, firm, association, partnership, or corporation owning, keeping, in charge of, in control of, or harboring one or more animals.
PET SHOP.
Any person, firm, partnership, or corporation conducting a business at a properly-zoned location, whether operated separately or in connection with another business enterprise other than a kennel, that buys, sells, or boards any animal.
PROVOCATION.
The act of purposely stimulating, inciting, agitating or disturbing an animal.
RESIDENCE.
A house, apartment, room, or duplex inhabited as the principal dwelling place of a person or persons.
RESIDENTIAL BUILDING.
A structure or building designed, constructed, or converted for use as a residence.
SECURE ENCLOSURE.
Has the same meaning as provided in Tex. Health and Safety Code, § 822.041, as amended from time to time. The enclosure must have secure sides and a top that will protect the animal from the elements. All sides must be embedded at least two feet into the ground unless the bottom is adequately secured to the sides. The enclosure shall not be less than five feet by ten feet and not less than six feet high. Nothing herein will be construed to permit a structure or fence otherwise prohibited by law.
SERIOUS BODILY INJURY.
The meaning as provided in Tex. Health and Safety Code, § 822.001, as amend from time to time.
SHELTER MANAGER.
Any person designated by the city as the employee who is responsible for administering the city’s animal shelter.
SHELTER-NEUTER-RETURN.
The involvement of the shelter in Trap-Neuter-Return program with cats impounded in the shelter, to include, sterilizing, vaccinating for rabies, ear tipping, microchipping, and returning community cats to their environment.
STERILIZATION.
The surgical procedure which renders the animal incapable of reproducing its own kind.
TRAP.
Any device placed by city animal services personnel, employed or used in the capture of animals, which is not under the constant supervision of an employee and which functions in such a manner as to confine any animal entering the same.
TRAP-NEUTER-RETURN.
The process of humanely trapping, sterilizing, vaccinating for rabies, ear tipping, microchipping, and returning community cats to their original location.
VACCINATION.
Rabies vaccination performed by or under the direct supervision of a veterinarian licensed to practice in the State of Texas using a vaccine licensed by the United States Department of Agriculture for use in that species and administered according to label instructions.
VETERINARIAN.
A person trained in, and licensed by the state to practice, the branch of medicine dealing with the investigation, treatment, and prevention of diseases in animals.
(Ord. 92-08, 4-23-1992; Ord. 2005-17, 6-28-2005; Ord. 2008-10, 4-8-2008; Ord. 2009-03, 1-27-2009; Ord. 2011-30, 9-13-2011; Ord. 2014-30, 11-18-2014; Ord. 2018-04, 1-9-2018; Ord. 2019-10, 4-23-2019; Ord. 2021-06, 1-26-2021; Ord. 2021-38, 8-24-2021)
This chapter establishes the Animal Services Division, and the functions, duties, and conduct of employees.
(A) 
In order to protect the public health and to effectively control, regulate and provide for animals within the city, there is hereby created the Animal Services Division within the City Administration Department. This Division shall consist of a Shelter Manager, one or more Animal Services Officers, and such other personnel as shall be assigned by the City Manager or Assistant City Manager.
(B) 
The Animal Services Division shall enforce all laws and ordinances in the city pertaining to the licensing, registration, keeping, treatment, impounding, and regulation of animals within the city. In every case and instance wherein the keeping or the existence of animals presents a health hazard, or threat to the public health, the Animal Services Division shall have concurrent jurisdiction with County Health Department.
(C) 
The Shelter Manager shall manage the city’s animal shelter, or the city may contract with one or more private entities for the purpose of operating a shelter. The Shelter Manager shall keep such records and make such reports concerning the activities of the Animal Services Division as may be required by ordinance, the City Manager or the Assistant City Manager.
(D) 
It shall be the duty of the members of the Animal Services Division to enforce the ordinances of the city applicable to domesticated and wild animals, to conduct themselves in a proper and law-abiding manner, and to avoid the use of unnecessary force on animals in the possession or control of the Animal Services Division.
(E) 
For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any Animal Services Officer or police officer is empowered, at all reasonable times and upon presentation of appropriate credentials, to enter upon any premises upon which the animal is kept or harbored, and to demand the exhibition of the certificate of vaccination for the animal. It is further provided that any Animal Services Officer may enter, at all reasonable times and upon the presentation of proper credentials, the premises where an animal is kept in an allegedly cruel or inhumane manner, and demand to examine and impound the animal when, in his or her opinion, humane treatment is required. No employee, however, may enter a private residence for purposes of making an inspection under this chapter, without first receiving permission from a lawful adult occupant of the residence, or being authorized to inspect the residence by a magistrate or by order of a court of competent jurisdiction upon showing of a probable violation of law.
(F) 
No person shall interfere with or hinder any Animal Services Division employee in the performance of his or her duty.
(G) 
The Shelter Manager will maintain a monthly report of the total number of animals impounded, the total number redeemed, the total number euthanized, and the number remaining in the pound.
(Ord. 92-08, 4-23-1992; Ord. 2011-30, 9-13-2011; Ord. 2014-30, 11-18-2014)
The driver of any vehicle which collides with or strikes any domesticated animal shall stop such vehicle immediately at the scene of such accident, or as close as possible without interfering with traffic, render reasonable assistance to the animal and, then and there, either locate and notify the owner of the animal, or report the accident and the injury to the Animal Services Division or the Police Department. An injured animal may be delivered to its owner, a veterinarian, animal services personnel, or an animal shelter. If no owner of the animal can be located, the animal shall be humanely destroyed by animal services personnel or by a police officer. The provisions of this section shall not apply to any emergency vehicle or to a driver taking an ill or injured person to medical care, nor shall it require assistance to an animal if providing such assistance would place any person in danger from the animal or traffic.
(Ord. 92-08, 4-23-1992; Ord. 2014-30, 11-18-2014)
(A) 
Disposal of diseased animals and fowl.
It shall be the duty of every person keeping or maintaining any animal or fowl which becomes infected or afflicted with a disease which is contagious or a threat to the life and health of other such animals or fowl, or to humans, to humanely destroy the animals or fowl and dispose of its remains when directed, and as directed, by an officer of the County Health Department.
(B) 
Disposal of dead animals and fowl.
Except for animals and fowl kept by veterinarians or persons engaged in medical or scientific research, and those mounted by a taxidermist, dead animals and fowl shall be disposed of within 24 hours of the time of death. The manner in which dead animals and fowl are disposed of shall, at minimum, comply with the established regulations of the County Health Department and applicable state laws and regulations.
(C) 
Disposal on public property prohibited.
It shall be unlawful for any person to dispose of any dead animal or fowl upon public property within the city. Public property shall include, but not be limited to, streets, alleys, parks, trash cans, dumpsters, buildings, and grounds owned, operated, or rented by any level of government, school property, and drainage channels maintained by the city.
(Ord. 92-08, 4-23-1992)
The owner of every animal shall make sanitary disposal of any excreta deposited by his animal on public walks, streets, recreation areas, or upon private property not within the control, possession, or supervision of said owner.
(Ord. 92-08, 4-23-1992)
(A) 
It shall be unlawful for any person to ride a horse or any animal on any of the premises of any park owned and operated by the city unless such animal is ridden in or on the bridle paths which are so designated for the riding of animals or any other area plainly marked as an area designated for the riding of such animals.
(B) 
It shall be unlawful for any person to operate any animal-drawn vehicle on any of the premises of any park owned and operated by the city including streets and bridle paths unless specifically designed and marked for such operations.
(1) 
A riding animal or animal for drawing vehicles may be kept at a private residence for the purpose of immediate recreation for not more than eight hours in any 24-hour period. If the animal is stabled in the city, it must have a permanent place for stabling of ten acres or more than the private residence.
(2) 
The provision of division (B)(1) of this section shall not apply to city-approved riding stables.
(C) 
Commercial enterprises of the type described herein such as rented bridle carriages or pony rides must be licensed to operate in the city or obtain a permit at city hall a minimum of seven days prior to the event.
(D) 
In all activities involving animals covered in this section, the provisions of § 90.05 of this chapter apply.
(Ord. 92-08, 4-23-1992)
(A) 
No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering.
(B) 
All equipment used on a performing animal shall fit properly and be in good working condition.
(Ord. 92-08, 4-23-1992)
The owner of an animal or the proprietor or manager of an establishment where food items are sold or offered for sale, for consumption on or off the premises, commits an offense if he permits an animal to enter or remain in such food establishment. This section shall not apply to seeing-eye assisting dogs under the control of a disabled person, or police dogs.
(Ord. 92-08, 4-23-1992)
(A) 
Except as provided in division (B) of this section, all dogs and cats reclaimed or adopted from the animal shelter shall be microchipped prior to leaving the shelter.
(B) 
The Shelter Manager may waive the requirements of division (A) of this section upon a determination that compliance therewith presents a danger to the animal or any person. If such waiver is granted, the person taking possession of the animal shall sign a written promise to have the animal microchipped by a licensed veterinarian, and to file a certificate with the Shelter Manager within seven calendar days following the release of the animal from the shelter. The certificate required by this division must be issued by the veterinarian performing the procedure, and shall contain the name, address, and telephone number of the veterinarian, a description of the animal, the microchip number, and the date of the procedure. A person who willfully violates a written promise to provide proof of microchipping under this division commits an offense.
(C) 
All microchips required by this section will be inserted between the shoulder blades, and registered with a pet recovery service that participates in the American Animal Hospital Association Universal Pet Microchip Lookup Tool.
(D) 
Not later than the thirtieth day after the date on which the change takes effect, the owner of a microchipped animal shall notify the microchip registry of any change in the owner’s information recorded in the registry. A person seeking to reclaim an impounded animal shall correct any errors or omissions in the animal’s microchip registry prior to taking possession of the animal.
(E) 
If the Animal Services Division performs the microchip procedure, the cost of the microchip as noted in the city’s current fee schedule will be added to the impoundment fees. The microchip fees are not refundable and may be used only for the dog or cat for which it was issued.
(Ord. 2016-10, 5-10-2016)
(A) 
An animal that is at least eight months of age and has been impounded two or more times by the Animal Services Division or at its direction must be sterilized. Such animal will not be released from impound unless the owner of the animal:
(1) 
Signs an agreement on a form prescribed by the Animal Services Division promising to have the animal sterilized by a licensed veterinarian; and
(2) 
Deposits the sum of $100 in immediately available good funds with the Animal Services Division to secure the obligation to timely have the animal sterilized.
(B) 
The deadline for providing proof of sterilization under this section is 30 days following the date of the animal's release from impound. The Shelter Manager shall extend the deadline for sterilization on presentation of a written report from a licensed veterinarian stating that the life or health of the animal may be jeopardized by surgery. There is no limit on the number of extensions which may be granted. If a deadline falls on a Saturday, Sunday, or legal holiday, the deadline is extended to noon on the next day that is not a Saturday, Sunday, or legal holiday.
(C) 
If the animal is sterilized, the owner shall file a certificate or letter from a licensed veterinarian with the Shelter Manager that briefly describes the animal, states that the animal has been sterilized, and provides the date on which the animal was sterilized.
(D) 
If the animal dies or is lost or stolen before being sterilized, the owner shall file a sworn statement with the Shelter Manager attesting to such death, loss or theft, and describing the circumstances thereof with reasonable detail and specificity.
(E) 
If the owner timely files a letter or certificate under division (C), or a sworn statement under division (D), the $100 sterilization deposit will be refunded to the owner. No other fees associated with the impound will be refunded. If the owner fails to timely file proof of sterilization, loss or theft under this section, the sterilization deposit will be automatically forfeited to the city without further notice and the owner will not thereafter be entitled to a refund of any portion thereof.
(F) 
The owner's obligations under this section do not extend the deadline for reclaiming the animal from impound, and any animal not timely reclaimed will be subject to forfeiture, adoption, or destruction as otherwise provided in this chapter.
(G) 
An owner who fails to timely file proof of sterilization, loss or theft under this section commits an offense.
(Ord. 2019-36, 10-22-2019)