ARTICLE II. ANIMAL CONTROL
DIVISION 1. GENERALLY
Sec. 10-31. Definitions.
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:
Animal means horses, mules, asses, cattle, sheep, goats, swine, dogs and cats.
Animal control means the animal control division of the city.
Animal control officer means any person designated by the supervisor of animal control to enforce the provisions of this article.
Cat means a domestic feline of either sex, including one neutered or sterilized.
Commercial stable means a facility where a fee is charged to house, pasture or rent horses or other livestock.
Dog means a domestic canine of either sex, including one neutered or sterilized.
Owner means any person having title to any animal; or a person who has, harbors or keeps or who causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises.
Public nuisance means any action or inaction by the animal or its owner that shall cause substantial inconvenience for any person, be a hazard to any person’s health or safety, interfere with the conduct of official city business by employees of the city or contractors hired by the city, or in any other way cause an annoyance in a place where the animal has no right to be.
Running at large means not completely confined by a building, a wall or a fence of sufficient strength or construction to restrain the animal except when such animal is either on a leash or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner’s private property.
Supervisor of animal control means the person designated by the mayor to supervise all aspects of animal control.
Vicious animal means any individual animal of any species that has on a previous occasion or occasions without provocation attacked or bitten any person or other animal, or any individual animal the supervisor of animal control has reason to believe has a dangerous disposition likely to be harmful to humans or other animals.
Wild animal means any poisonous or dangerous reptile, or any other animal that can normally be found in the wild state not normally capable of being domesticated, including but not limited to skunks, foxes, leopards, panthers, tigers, lions and lynx, unless certified for medical, biological, herpetological or other scientific research or study.
(Ord. No. 870414, §§ 4.1, 4.31, 4-14-87)
Cross references: Definitions generally, § 1-2.
(a) Enforcement of this article shall be the responsibility of the supervisor of animal control or any employee of the city as directed by the mayor.
(b) Any animal control officer shall have the authority to issue citations for any violation of this article. If the person being cited is not present, the animal control officer may send the citation to the alleged offender by registered or certified mail.
(c) It shall be unlawful for any person to interfere with any animal control officer in the performance of his duties.
(Ord. No. 870414, § 4.2, 4-14-87)
Sec. 10-33. Discretion by officer.
Because of the lack of facilities and personnel, the impoundment of all animals of the canine species loose or at large in violation of the term of this article shall be left to the discretion of the chief of police and/or mayor or city council if such canine constitutes a health hazard or is dangerous to the general public.
(Ord. No. 870414, § 4.3, 4-14-87)
Sec. 10-34. Animals running at large.
It shall be unlawful for any owner, keeper or person having in his possession any horse, mule, jack, jennie, cattle, sheep, goat, dog or cat to permit same to run at large within the boundaries of the city.
(Ord. No. 870414, § 4.4, 4-14-87)
Cross references: Streets, sidewalks and other public places, ch. 70.
(a) It shall be unlawful for the owner or any other person having custody of any vicious dog to permit same to run at large in the city at any time. Vicious dogs that are an immediate threat to any person are subject to be destroyed.
(b) Any vicious animal found running at large may be destroyed by any peace officer or animal control officer in the interest of public safety.
(c) The supervisor of animal control may order any owner or person having care, control or custody of any vicious animal to take such animal permanently from the city. This animal must be removed immediately following receipt of such an order, even if an appeal is initiated. This order may be appealed in writing within ten days to a committee made up of the chief of police or his representative and the mayor or his representative. Such committee may uphold, reverse or modify the supervisor’s order, and may stipulate restrictions on the animal as a condition to allowing the animal to remain in the city. The city council shall have final authority on all matters. If the council upholds the committee’s order, the owner or person having care, control or custody shall not bring the animal back inside the city limits.
(d) If the owner or person having care, custody or control of a vicious animal fails to remove such animal as provided for in subsections (b) and (c) of this section, such animal may be impounded and/or destroyed.
(e) The owner or person having care, custody or control of a vicious animal must report the disposition and relocation of such animal to the supervisor of animal control, in writing, within ten days after the expiration date for such removal of such animal from the city. Each day, thereafter, such information is not provided shall constitute a separate offense.
(f) The supervisor of animal control shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered removed from the city for being vicious has not been so removed.
(Ord. No. 870414, § 4.15, 4-14-87)
State law references: Dangerous dogs, V.T.C.A., Health and Safety Code § 822.041 et seq.
Sec. 10-36. Prohibited animals.
It shall be unlawful to keep any wild animal inside the city. It shall be unlawful to release or allow to run at large any wild or vicious animals inside the city.
(Ord. No. 870414, § 4.16, 4-14-87)
The following shall be considered a public nuisance and shall be unlawful:
(1) The keeping of any animal that, by causing frequent or long-continued barking or noise, shall disturb any person of ordinary sensibilities in the vicinity.
(2) The keeping of any animal in such a manner as to endanger the public health; to annoy neighbors by the accumulation of animal wastes that cause foul and offensive odors, or are considered to be a hazard to any other animal or human being; or by continued presence on the premises of another.
(3) All animal pens, stables or enclosures in which any animal may be kept or confined that, from use, have become offensive to a person of ordinary sensibilities.
(Ord. No. 870414, § 4.17(A)–(C), 4-14-87)
Sec. 10-38. Sanitary conditions.
The owner or person in possession of animals shall keep yards, pens and enclosures in which such animals are confined in such a manner so as not to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes or other noxious insects, or in any manner to endanger the public health or safety or create a public nuisance.
(Ord. No. 870414, § 4.18, 4-14-87)
It is prohibited and shall be unlawful for any person to willfully abandon any animal, or to withhold food or water from any animal such that its health is endangered, or to treat the animal in such a way that it suffers unduly.
(Ord. No. 870414, § 4.19, 4-14-87)
It shall be unlawful for any person to keep, harbor or raise hogs or swine within the boundaries of the city.
(Ord. No. 870414, § 4.20, 4-14-87)
Sec. 10-41. Animal enclosures.
It shall be unlawful for any owner, keeper or person to keep any horse, mule, jack, jennie, cattle, sheep or goat or similar animals in any shed, stable, pen or other enclosure at a distance less than 200 feet from any adjoining lot or tract of land in any residential subdivision or less than 200 feet from any business establishment or structure or any building used for sleeping or for dispensing food.
(Ord. No. 870414, § 4.21, 4-14-87)
Sec. 10-42. Keeping poultry and birds.
The following regulations shall govern the keeping of poultry and certain birds in the city:
(1) It shall be the duty of any person owning or having within his management or control any chickens, turkeys, geese or domestic fowl to keep them enclosed upon his own premises in such manner that they cannot get upon the public streets, highways or alleys or parkways of the city, or upon the private property of others.
(2) It shall be unlawful for any person owning or having under his control or management any chickens, turkeys, geese or other domestic fowl to allow them to run at large, either upon the public streets, alleys, highways or parkways of the city, or upon any private property other than that upon which they are kept within the city.
(3) No poultry or other domestic fowl shall be kept in any enclosure within the city any part of which enclosure is within 200 feet of any occupied building or dwelling within the city.
(Ord. No. 870414, § 4.22, 4-14-87)
Sec. 10-43. Injuring or killing birds.
It shall be unlawful for any person to willfully kill or in any manner injure any bird of any kind whatsoever, save and except the English sparrow.
(Ord. No. 870414, § 4.23, 4-14-87)
Sec. 10-44. Removing eggs or young birds.
It shall be unlawful for any person to remove from the nest or in any manner destroy the eggs of any wild bird, or remove the young birds from the nest of any wild bird, save and except the English sparrow.
(Ord. No. 870414, § 4.24, 4-14-87)
Sec. 10-45. Cruelty to animals.
(a) It shall be unlawful for anyone to cruelly beat or otherwise cruelly maltreat any animal in the city; or to willfully and wantonly kill, maim, wound, poison or disfigure any horse, ass, mule, cattle, sheep, goat, swine, dog or other domesticated animal, bird or beast of any kind; or to mutilate, cruelly kill, overdrive, override or overload or unnecessarily confine or in any manner oppress the same or to unnecessarily fail to provide the same with proper food, drink or shelter; or to fail to provide appropriate treatment for an animal that is sick, lame or otherwise unfit for labor; or to willfully abandon the animal tied up or confined anywhere, day or night, for more than six hours at a time without properly feeding, watering and caring for the same.
(b) This section is not to be construed to prevent police officers or other persons from killing dogs or other animals when lawfully entitled to do so.
(Ord. No. 870414, § 4.25, 4-14-87)
State law references: Cruelty to animals, V.T.C.A., Penal Code § 42.09.
No person shall harbor or keep on his premises or in or about his premises under his control any dog that, by loud or unusual barking or howling, shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed or reasonably liable to be disturbed.
(Ord. No. 870414, § 4.29, 4-14-87)
Sec. 10-47. Herding of cattle.
The herding of cattle inside the city limits is expressly forbidden.
(Ord. No. 870414, § 4.32, 4-14-87)
Sec. 10-48. Impounding animals by owners of premises.
If any animals named in this article are found upon the premises of anyone, the owner or occupant of such premises shall have the right to confine such animal until he can notify the chief of police or poundkeeper to come and impound such animal provided the same is done in a reasonable time. When so notified, whether such animal will be impounded shall be at the discretion of the chief of police or mayor.
(Ord. No. 870414, § 4.33, 4-14-87)
Sec. 10-49. Trapping of animals.
The trapping of animals by use of steel leg clamp traps is expressly forbidden. Animals may be trapped with humane cage traps on property under the trapper’s care, custody or control. This does not prohibit the use of any type trap when used by a duly appointed animal control officer in the enforcement of this article or in the interest of public health and safety.
(Ord. No. 870414, § 4.34, 4-14-87)
Secs. 10-50–10-70. Reserved.
DIVISION 2. IMPOUNDMENT
Sec. 10-71. Establishment of pound.
The city council may select and establish a place for impounding such animals as are found running at large, or make such arrangements for the impounding of such animals as is practical, pending the establishment of such pound.
(Ord. No. 870414, § 4.5, 4-14-87)
Sec. 10-72. Impoundment of animals.
(a) The chief of police or any police officer or other person designated by the city council may at his discretion take up and impound any animal found running at large in the city limits.
(b) The following animals may be impounded:
(1) Cats and dogs not exhibiting evidence of being vaccinated or as described in section 10-101.
(2) Any animal infected or kept under conditions that could endanger the public’s or the animal’s health.
(3) Any animal that creates a nuisance, as prohibited in section 10-37.
(4) Any animal running at large, as stipulated in section 10-34.
(5) Any animal treated in a manner determined by the supervisor of animal control to be cruel or inhumane.
(6) Any animal that has bitten a human being or needs to be placed under observation for rabies determination, as determined by an animal control officer.
(7) Any animal violating any provision of this article.
(c) Reasonable effort shall be made by an animal control officer to contact the owner of any animal impounded; however, final responsibility for location of an impounded animal is that of the owner.
(d) The owner can resume possession of any impounded animal upon payment of impoundment fees, handling fees and any veterinarian bills incurred by animal control for the welfare of the animal, and upon compliance with vaccination provisions of this Code, except where prohibited in subsections (f), (i) and (j) of this section.
(e) Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court of jurisdiction.
(f) If any animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from quarantine.
(g) The city council shall select and establish a place for impounding all animals impounded under any provisions of this article.
(h) Any animal, except vicious or wild animals, not reclaimed by the owner may be humanely euthanized after being impounded 72 hours.
(i) Any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering.
(j) Any impounded vicious or wild animal, unless there is reason to believe that it has an owner, may be immediately disposed of as may be deemed appropriate by the supervisor of animal control.
(k) Any impounded cat or dog may be given up for adoption after 72 hours, except under quarantine.
(Ord. No. 870414, § 4.6, 4-14-87)
Sec. 10-73. Fees for impoundment.
The fees for taking up and impounding an animal shall be $25.00 per head.
(Ord. No. 870414, § 4.7, 4-14-87)
Sec. 10-74. Sale of impounded animals.
The chief of police may sell at the city pound or any other location designated by the city council, impounded animals at public auction, for cash, after posting two notices, one at the courthouse and the other at the city hall, giving therein a description of such animal so taken up and impounded, and stating a day and place of sale of same, which date shall not be less than five days from the date of posting such notice, and which notice shall state that the described animal will be sold to defray costs if not reclaimed and costs paid before the day of sale. If not reclaimed by such day, he shall between the hours of 10:00 a.m. and 4:00 p.m. on such day sell such animal at public auction to the highest bidder; and after deducting all the expenses of sale and in taking up and keeping such animal, he shall return the balance of the proceeds, if any, to the owner of the animal. If no owner shall call for the animal or the funds remaining within 30 days from the day of sale, the balance shall be paid into the city treasury. At any time within six months after such sale the owner may apply to the city council, and upon satisfactory proof of his ownership he shall be entitled to receive the amount paid into the city treasury on account of such sale. If any animal impounded cannot be sold it shall be forthwith destroyed.
(Ord. No. 870414, § 4.8, 4-14-87)
Sec. 10-75. Redeeming impounded animals.
The owner of any animals impounded as set forth in section 10-71 may redeem the same as follows:
(1) Before the sale, by paying the expense of taking up and keeping together with the cost of advertising, if any.
(2) After the sale, by paying to the purchaser double the amount bid by him for such animal and his reasonable expenses for keeping the animal, provided the owner so redeems the animal within 30 days after the date of sale; otherwise the animal shall become the absolute property of the purchaser.
(Ord. No. 870414, § 4.9, 4-14-87)
Sec. 10-76. Maintenance of records.
The chief of police shall keep a book giving the description of all animals impounded by him, the date of impounding, the date of sale, the amount realized for such animal, and the name and address of the purchaser.
(Ord. No. 870414, § 4.10, 4-14-87)
Sec. 10-77. Right to redeem dogs.
The owner of any dog impounded as provided in section 10-72 shall have the right to redeem the animal upon payment to the poundmaster of the sum of $25.00 for each animal so redeemed, in addition to the tax or fine and all fees as required by the county humane society. The sum so paid to the city secretary shall be paid by him into the city treasury.
(Ord. No. 870414, § 4.11, 4-14-87)
Sec. 10-78. Destruction of dogs or cats.
All impounded dogs or cats shall be redeemed within 72 hours after their capture and impoundment, and all such animals not redeemed within that time shall be destroyed.
(Ord. No. 870414, § 4.12, 4-14-87)
Sec. 10-79. Vaccination of redeemed animals.
All animals redeemed at the humane society must be immediately vaccinated against rabies.
(Ord. No. 870414, § 4.13, 4-14-87)
Secs. 10-80–10-100. Reserved.
DIVISION 3. ANTIRABIES REGULATIONS*
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Sec. 10-101. Vaccination tags.
*Cross references: Health and sanitation, ch. 34.
__________
(a) All animals of the canine or feline species within the city limits are required to be immunized against rabies, by the time they are four months of age, by means of an antirabies vaccine approved by and administered by a duly licensed veterinarian; and every veterinarian who vaccinates any such animal of the canine or feline species within the city limits shall issue a certificate of vaccination to such owner, stating the name of the owner, the address of the owner, description of the dog or cat, the date of vaccination, the number of rabies vaccination tag and the kind of vaccine used.
(b) Upon vaccinating each dog or cat, the veterinarian shall furnish the owner of such animal a metal tag on one side of which is stamped the words “rabies vaccine administered” or a similar phrase, and the date of vaccination, which tag at all times shall be securely attached to a collar around the neck of the animal, or harness around the neck and body of the animal vaccinated. Any animal of the canine or feline species found without tags will be subject to impoundment.
(Ord. No. 870414, § 4.14, 4-14-87)
State law references: Vaccination of dogs and cats required, V.T.C.A., Health and Safety Code § 826.021.
Sec. 10-102. Quarantining animals for rabies.
Any animal that has rabies or symptoms thereof, or that is suspected of having rabies or that has been exposed to rabies, shall be at once released to the chief of police for disposal or confined in a veterinary hospital approved by the health officer, or immediately and securely confined by tying with a chain of good quality and kept there under the supervision of a duly licensed veterinarian for a period of not less than ten days.
(Ord. No. 870414, § 4.26, 4-14-87)
State law references: Reports of rabies, quarantine, V.T.C.A., Health and Safety Code § 826.041 et seq.
Sec. 10-103. Biting dogs or other animals.
Any animal of the canine species that has rabies or symptoms thereof, in the opinion of the chief of police, or any animal that bites, scratches or attacks any person shall be subject to such tests as the chief of police requires, including the destruction of such animal and examination of the carcass.
(Ord. No. 870414, § 4.27, 4-14-87)
Sec. 10-104. Reporting rabid dogs or other animals.
It shall be the duty of the owner or the harborer or a practicing veterinarian to report to the chief of police all cases of rabies with which he comes in contact or to which his attention has been directed. This report shall be made immediately upon diagnosis or suspicion of such cases of rabies.