The following actions shall be permitted in the city as part of Trap-Neuter-Return:
(A) 
Trapping, for the sole purpose of sterilizing, vaccinating for rabies, and ear tipping community cats, in compliance with any applicable federal or state law, and under supervision of a licensed veterinarian, where applicable.
(B) 
An ear tipped cat received by animal services may be returned to the location where trapped unless veterinary care is required, or at the direction of the Shelter Manager. A trapped ear tipped cat may be released on site unless veterinary care is required, or at the discretion of an animal services officer.
(C) 
Community cat caregivers are empowered to reclaim impounded ear tipped community cats without proof of ownership solely for the purpose of carrying out Trap-Neuter-Return and/or returning ear tipped community cats to their original location.
(D) 
A person who returns a community cat to its original location while conducting Trap-Neuter-Return is not deemed to have abandoned the cat.
(E) 
Trap-Neuter-Return shall be the preferred disposition for impounded community cats. Animal services and the Harker Heights Pet Adoption Center are authorized and encouraged to conduct Trap-Neuter-Return or to direct impounded community cats to a Trap-Neuter-Return program.
(Ord. 2021-38, 8-24-2021)
(A) 
It shall be unlawful to keep, harbor or maintain a dog, wolf-dog hybrid, cat, ferret or livestock in the city that does not have current vaccination.
(B) 
Official rabies vaccination certificates issued by the vaccinating veterinarian shall contain certain standard information as designated by the Texas Department of Health:
(1) 
The owner’s name, address, and telephone number.
(2) 
Animal identification, species, sex, age (three months to 12 months, or older), size (pounds), predominant breed, and colors.
(3) 
Vaccine used, producer, expiration date, and serial numbers.
(4) 
Date of vaccination.
(5) 
Rabies tag number.
(6) 
Veterinarian’s signature and license number.
(C) 
A copy of each official rabies vaccination certificate issued shall be retained by the issuing veterinarian in a readily retrievable status for a period of not less than three years from the date of issuance.
(D) 
The failure of an owner to exhibit a current, valid vaccination certificate upon request by any animal services personnel or a police officer is prima facie evidence that the animal does not have current vaccination.
(Ord. 92-08, 4-23-1992; Ord. 2011-30, 9-13-2011)
(A) 
It shall be unlawful for any person to suffer or permit any dogs, cats, guinea fowl, hares, horses, mules, donkeys, cattle, goats, sheep, chickens, turkeys, geese, ducks, pigeons, animals, or fowl to run, or be, at-large upon the public streets, avenues, or alleys of the city, or on the premises of any person other than the owner of the animals or fowl, and the premises not being in the possession or control of the owner of the animals or fowl.
(B) 
No female animal in heat shall be allowed or permitted to leave the property of the owner of the animal unless being transported by the owner and under the owner’s physical control at all times.
(C) 
Any person convicted of a violation of this section shall be punished by a fine not to exceed $200.
(D) 
Division (A) of this section does not apply to service animals while performing their qualifying services, or animals performing official police or rescue activities, or a community cat that has a left ear tip indicating that it has been sterilized and vaccinated through Trap-Neuter-Return.
(Ord. 92-08, 4-23-1992; Ord. 99-04, 2-23-1999; Ord. 2011-30, 9-13-2011; Ord. 2021-38, 8-24-2021)
It shall be unlawful for any person to keep any swine within the limits of the city except that swine may be kept in a pen or enclosure situated upon a tract of land containing at least ten acres which is for agricultural use and, further provided the pen or enclosure is located a distance of not less than 500 feet from the nearest property line or tract upon which the swine are kept and maintained, or at a distance of not less than 300 feet from any residence.
(Ord. 92-08, 4-23-1992)
It shall be unlawful for any person to keep or maintain any animal or fowl in a pen, cage, or enclosure near a creek or stream within the city and cause or contribute to the pollution of the creek or stream by permitting drainage of fecal matter or urine from the pens, cages, or enclosures, to enter the creek or stream. No swine shall be permitted or allowed to have access to, or enter the water of a creek or stream within the city.
(Ord. 92-08, 4-23-1992)
(A) 
Subject to the provisions of § 90.39(B), it shall be unlawful for any person to introduce, keep, or maintain any guinea fowl, horses, mules, donkeys, cattle, goats, sheep, chickens, turkeys, geese, ducks, or pigeons, bees, or the feed or feed area for such in any pen, barn, building, or structure, excluding property perimeter fences within the city limits, within 200 feet of the residence of any person other than the owner. In the event the property owner can establish that the literal application of this section to the particular circumstances of his or her property present an unreasonable burden, said property owner may request a permit by letter to the City Manager. The City Manager will review such request and may approve an exception to the 200 foot distance above; however, the minimum distance shall not be less than 75 feet. In reviewing such request, the City Manager will consider the health and safety of all adjacent property owners, as well as issues relating to noise, sanitation and privacy. Such permits shall be revocable at will upon 90 days notice or upon lesser notice if the City Manager deems such revocation to be necessary to protect the public health or safety or public property.
(B) 
The following provisions shall apply to the keeping of backyard chickens:
(1) 
A property owner, or the occupant of property that has obtained written permission from the property owner, may possess not less than three nor more than eight backyard chickens on residential property located in areas zoned R1 provided that the backyard chickens are confined in an enclosed chicken coop with exercise yard attached which is located no less than 50 feet from any building or dwelling occupied by a person other than the owner of the backyard chickens.
(2) 
A person keeping backyard chickens shall comply with the following regulations:
(a) 
No more than one chicken coop and exercise yard is permitted on a residential tract and the chicken coop and exercise yard must be located in the rear yard of the residential tract not less than 50 feet from any building or dwelling occupied by a person other than the owner of the backyard chickens.
(b) 
The chicken coop and exercise yard must be maintained in a sanitary condition and the accumulation of chicken waste on the property is prohibited.
(c) 
Any person building a permanent non-moveable chicken coop and/or exercise yard must obtain any necessary permits and inspections through the city as required prior to construction.
(d) 
Nuisance odors and excessive noise shall not be allowed to travel beyond the property line and disturb neighbors of ordinary sensibilities.
(e) 
Adequate food, water and medical treatment shall be provided to any backyard chickens maintained within the city limits of the City of Harker Heights.
(f) 
No roosters (male chickens) can be kept or maintained within the city limits of the City of Harker Heights. It shall be a defense to the prosecution of a violation of this section if on the date of the offense the rooster was 60 days old or younger.
(g) 
When a person 18 years of age or older is physically present to supervise the backyard chickens, such backyard chickens may be allowed to roam outside of the confines of the chicken coop and exercise yard for so long as the backyard chickens do not leave the tract of property upon which the backyard chickens are kept or cross any property line onto a tract of property other than that upon which the backyard chickens are kept.
(3) 
It is an offense to allow any backyard chickens to walk or fly onto any tract of property adjacent to the property upon which the backyard chickens are kept unless the adjacent property is owned by the owner of the backyard chickens or the owner of the backyard chickens has written consent authorizing the backyard chickens to cross onto an adjacent tract of property.
(Ord. 92-08, 4-23-1992; Ord. 96-40, 7-23-1996; Ord. 2021-06, 1-26-2021; Ord. 2023-29, 8-22-2023)
Every person keeping or maintaining any guinea fowl, hares, horses, mules, donkeys, cattle, goats, sheep, chickens, turkeys, geese, ducks, pigeons, animals, or fowl shall keep the same in a pen, cage, or enclosure which is maintained in a clean, dry, and sanitary condition so that such animals shall not create foul or offensive odors or create a health hazard.
(Ord. 92-08, 4-23-1992)
No person shall keep or maintain hares within 150 feet of a residence of any person other than the owner thereof; provided however, that when kept in a clean, dry, sanitary and odor-free cage, and the feed is stored in rodent-proof containers not more than four hares may be kept and maintained, as pets or for student agricultural projects, not for sale, in a pen or cage which is not closer than 50 feet to the nearest property line of the lot, tract, or parcel on which the pen or cage is located. In the event that the property owner can establish that the literal application of this section and particular circumstances of his property present an unreasonable burden, he may request a permit by letter to the City Manager. The City Manager may approve an exception to the 150 feet distance above and the number of hares. Such permits shall be revocable at will upon 90 days notice or upon lesser notice if necessary to protect health, safety or public property. In the event a request for a permit is denied, the property owner may appeal this decision to the Zoning Board of Adjustment.
(Ord. 92-08, 4-23-1992; Ord. 2005-38, 11-8-2005)
(A) 
It shall be unlawful for any person to maintain, keep, or possess a wild animal, as per the 71st Legislature Regular Session 1989, House Bill 1687.
(B) 
The provisions of division (A) of this section shall not apply to the following:
(1) 
Veterinarians keeping animals at the veterinarian’s regular place of business during periods of time the animals or fowl are being treated for disease or injury, or observed in the course of such treatment. Nor shall the provisions of division (A) of this section apply to citizens caring for animals or fowl under a veterinarian’s care and supervision for the purpose of treatment or care.
(2) 
Animals kept, maintained, and used in the course of scientific research at an established business location or under condition approved by the Animal Services Division.
(3) 
Circuses, traveling shows, zoos, and auction barns operating under permit or sanction of the city.
(4) 
Animals or fowl, such as baby chickens, hares, pigeons, and ducks, kept at an established place of business dealing in farm and ranch supplies and which animals or fowl are domesticated and marketable for human consumption; provided, that the animals or fowl are kept and maintained in an enclosure which is dry, sanitary, cleaned regularly and free of accumulations of odor-causing debris and fecal matter.
(5) 
Animals, fowl, and bees kept and maintained on land for agricultural use, provided the land is in a tract of ten acres or more, and the animals or fowl are not kept within a distance of 250 feet from the residence of any person not the owner of such animals or fowl.
(Ord. 92-08, 4-23-1992; Ord. 2014-30, 11-18-2014)
(A) 
It shall be unlawful for any person having the charge or custody of an animal, as owner or otherwise, to place or confine such animal or allow such animal to be placed or confined or to remain in a motor vehicle or trailer under such condition for such period of time as may endanger the health or well-being of such animal due to heat, lack of food or water, or such circumstances as may reasonably be expected to cause suffering, disability, or death.
(B) 
The Animal Services Officer is authorized to instruct any animal services personnel or police officer finding an animal in a motor vehicle or trailer in violation of this section to obtain a locksmith, at the owner’s expense, or to break and enter the vehicle or trailer if necessary, to remove the animal.
(Ord. 92-08, 4-23-1992; Ord. 2014-30, 11-18-2014)
(A) 
It shall be unlawful for any person to stable or keep any animal or fowl in the city limits in such a manner that such animal by stamping, kicking, braying, bleating, barking, yelping, neighing, crowing, or making any other utterance or disturbance creates such a noise as shall be a disturbance to those living in the vicinity.
(B) 
An animal or fowl may be declared a nuisance if it is:
(1) 
Reported by two or more persons living in the area of the nuisance by either verbal or written complaint;
(2) 
Reported by any animal services personnel; or
(3) 
Reported by any police officer.
(C) 
It shall be the duty of the animal services personnel or police officer to file a complaint to cause the nuisance to be abated.
(D) 
An owner shall exercise proper care and control of his animals to prevent them from becoming a public nuisance.
(Ord. 92-08, 4-23-1992; Ord. 2014-30, 11-18-2014)
(A) 
No person, other than a licensed veterinarian shall crop a dog’s ears.
(B) 
Chickens or ducklings younger than eight weeks-of-age may be sold within the corporate limits of the city, provided however, that no chickens or ducklings younger than eight weeks may be sold if the natural coloring has been altered by artificial coloring.
(C) 
No person shall give away any live animal, fish, reptile, or bird as a prize for or an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement; or offer such as listed above for an incentive to enter any business agreement whereby the offer was for the purpose of attracting trade.
(Ord. 92-08, 4-23-1992)
(A) 
A person who keeps or maintains an animal or fowl shall provide such animal or fowl with:
(1) 
Adequate shelter, if animal is a dog;
(2) 
A daily supply of appropriate, wholesome and nutritional food in sufficient quantities to provide for the dietary needs of the animal or fowl;
(3) 
Constant access to an adequate supply of fresh, clean, potable water;
(4) 
Veterinary care as needed to prevent disease and suffering; and
(5) 
Regular grooming, if lack thereof would materially and adversely affect the health of the animal or fowl.
(B) 
Plastic air shipping containers and pet carriers shall not be used as outdoor shelters.
(Ord. 2008-10, 4-8-2008)
(A) 
As used in this section, the term “restraint” means a chain, rope, tether, leash, cable, cord, or other device that attaches an animal to a stationary object or a trolley system.
(B) 
All restraints must terminate at both ends with properly functioning swivels.
(C) 
No animal may be restrained by means of a restraint that:
(1) 
Enables the animal to gain access to a street or public right-of-way;
(2) 
Can become tangled around any fixed object;
(3) 
Is in an unsafe condition;
(4) 
Is reasonably likely to cause strangulation or injury to the animal;
(5) 
Is reasonably likely to subject the animal to harassment, stings or bites by insects or rodents, or attacks by other animals; or
(6) 
Prevents the animal from having ready access to adequate shade, food, water and shelter.
(D) 
An owner or other person keeping a dog shall not restrain or allow the restraint of the dog outside and unattended by means of an unreasonable restraint. For purposes of this section, a restraint is unreasonable if the restraint:
(1) 
Is affixed to a collar that is pinch-type, prong-type, or choke type, or that is not otherwise sized to at least the circumference of the dog’s neck plus one inch;
(2) 
Is shorter than the greater of five times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail, or ten feet in length;
(3) 
Is affixed to an object more than seven feet above ground level;
(4) 
Weighs more than one-eighth of the dog’s weight, or is otherwise of such weight as to prevent the dog from moving about freely; or
(5) 
Is used during extreme weather conditions, including conditions in which:
(a) 
The actual or effective outdoor temperature is below 32º F.;
(b) 
A heat advisory has been issued by a local or state authority or jurisdiction; or
(c) 
A hurricane, tropical storm, or tornado warning has been issued for the city by the National Weather Service.
(Ord. 92-08, 4-23-1992; Ord. 2009-3, 1-27-2009)