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Editor’s note–Former chapter 2 pertaining to animal control, was repealed and replaced with similar provisions by Ordinance 05-2025A adopted 5/20/2025. Prior to the replacement, this chapter derived from the following: 1989 Code, ch. 2, arts. 1 and 2; Ordinance 03-20-07 adopted 3/26/07; Ordinance 071707 adopted 7/17/07; Ordinance 061708 adopted 6/17/08; Ordinance 061909 adopted 6/6/09; Ordinance adopting Code and Ordinance 09-2022C adopted 9/20/2021.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, and in conformance with Texas Health and Safety Code, except where the context indicates a different meaning:
Abandonment.
To dump, desert, or leave any animal on public or private property with the intent of terminating any further responsibility for said animal; to fail to redeem any animal impounded or quarantined by the city in a timely manner, as specified herein; or to desert or leave without care, food, shelter, or a continuous source of clean water for a period of twenty-four (24) hours or more.
Aggressive animal.
An animal that while unrestrained, causes physical injury or death to any domestic animal or livestock or an unrestrained animal that is found to menace, chase, display threatening or unprovoked aggressive behavior or otherwise threaten or endanger the safety of a person, domestic animal or livestock.
Animal.
Any live, vertebrate creature (male or female).
Animal control officer.
A person designated by the city as the primary enforcement officer regulating animals and owners of animals and for the enforcement of sections of the state statutes pertaining to the care and control of animals. The animal control officer is specifically given the authority to issue citations for the enforcement of the animal control provisions, and also has the option to file complaints with the municipal court of the city.
Animal shelter.
Any facility operated by the city, or its authorized agent for the purpose of impounding or caring for animals held under the authority of this article or state law.
At large.
Any animal:
(1) 
Off premises. Any animal which is not restrained by means of a leash of sufficient strength to control the actions of such animal while off the owner's property.
(2) 
On premises. Any animal not confined on premises of owner by substantial fence of sufficient strength and height to prevent the animal from escaping therefrom or tethered by a proper tether or leash.
Cat.
A domesticated animal that is a member of the feline family (Felis domesticus) but does not include a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other wild animal of this family or hybrid.
City-appointed veterinarian.
Any practitioner of veterinary medicine licensed by the state to practice such in the state, that has been appointed by the city council to be such.
Collar.
Any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog.
Confined.
A situation by which an animal is effectively prevented from being free to roam or run at-large.
Currently Vaccinated.
A protective inoculation by a licensed veterinarian with a rabies vaccine recognized and approved by the United States Department of Agriculture given in an amount sufficient to provide an immunity that satisfies the requirement of state law.
Dangerous animal.
(1) 
Any animal that attacks, bites, or injures human beings or domesticated animals without provocation, or which, because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings, or domesticated animals; or
(2) 
An individual animal which the local health authority has reason to believe has a dangerous disposition, likely to be harmful to humans or other animals.
Dog.
A domesticated animal that is a member of the canine family (Canis familiaris) but does not include a wolf, jackal, fox or other wild animal of this family or hybrid.
Domestic animal.
Any animal normally adapted to live in intimate association with humans or for the advantage of humans.
Enclosure.
Any structure or device used to immediately restrict animals to a limited amount of space, such as a fence, room, pen, run, cage, compartment, or hutch.
Exotic animal.
Any animal that is not typically domesticated or commonly kept as a household pet, including but not limited to wild, non-native, dangerous, or restricted species. This may include large cats, primates, reptiles (such as venomous snakes or large constrictors), non-native wildlife, or any other species deemed potentially hazardous by the city animal control officer.
Fence or barrier.
A means by which land is enclosed so as to prevent the passage of livestock or other animals.
Feral.
Any domestic animal that has escaped domestication and reverted back to a wild state.
Fowl.
All birds, e.g., chickens, turkeys, pheasants, quail, guineas, geese, ducks, peafowl and other domestic feathered creatures and nondomestic feathered creatures, regardless of age or sex.
Guard dog.
A dog that received protection, police or guard dog training and is used by law enforcement, private security, or in protective functions where the dog is responsive to control by its owner or handler and used only for protective functions regardless of its status as a personal pet of its owner or handler.
Guide dog.
A dog that is trained to assist a disabled person.
Harboring.
The act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter, or care for a period of ten days or longer.
High-risk animals.
Those animals which have a high probability of transmitting rabies; they include skunks, bats, foxes, and raccoons.
Humanely destroyed.
To cause the death of an animal by a method which:
(1) 
Rapidly produces unconsciousness and death without visible evidence of pain or distress; or
(2) 
Utilizes anesthesia produced by an agent which causes painless loss of consciousness and death following such loss of consciousness.
Hybrid.
The product of the mating of two different species of animals regardless of the number of generations born since that original mating.
Impoundment.
The collecting or confining of an animal due to city ordinance violation or because of a contract with a county or municipality.
Inhumane treatment of animal.
Any treatment of an animal prohibited by V.T.C.A. Penal Code Section 42.09. or V.T.C.A. Health and Safety Code, Chapter 821, Chapter 822, or Chapter 826, as amended from time to time, or by any other provision of law, including federal, state and local laws, ordinances and rules.
Isolation.
The separation of animals exposed or potentially exposed to rabies or other diseases.
Keeper.
Includes any person other than the owner, who harbors or has in his or her possession any animal or one who either with or without the owner's permission undertakes to manage, control, or care for the animal as animal owners in general are accustomed to doing.
Livestock.
Shall include, regardless of age, sex or breed, horses and all equine species, including mules, donkeys and jackasses; cows and all bovine species; sheep and all ovine species; llamas; goats and all caprine species; and pigs and all swine species. Different requirements may exist for the location, size of enclosure, and maintenance of large livestock and small livestock.
(1) 
Large livestock when used herein shall refer to bovine and equine species, llamas, and large fowl, including emus, ostriches and rheas.
(2) 
Small livestock when used herein shall refer to ovine and caprine species.
Low-risk animals.
Those animals which have a low probability of transmitting rabies; they include all animals of the orders Marsupialia, Insectivora, Rodentia, Lagomorpha, and Xenarthra.
Micro-chip.
A computer chip that is preprogrammed with a unique alphanumeric combination code which is inserted into the animal. Each microchip shall contain a unique and original number that is read by an electronic scanning device for the purposes of animal identification and recovery by the animal's owners.
Observation period.
The ten (10) days following a bite incident during which the biting animal's health status must be monitored. The ten (10) day observation period will begin on the day of the bite incident (day one).
Owner.
Any person(s), firm, association, partnership, corporation or any other entity owning, keeping, harboring or feeding one (1) or more animals for more than 72 hours without the presence of that animal being recorded in the records of the shelter as a stray animal. Persons caring for an animal at the request of an owner are not included in the definition of owner, but are required to keep the animal in compliance with this code. An animal shall be deemed to be harbored if it is fed or sheltered. Persons feeding feral cats shall be construed as owning, harboring or keeping those cats.
Pet.
A domestic or tamed animal, kept for pleasure rather than utility.
Property fitted collar.
Means a collar that is sized to measure at least one inch greater than the circumference of the animal's neck, allowing for a secure but comfortable fit.
Provocation.
Any purposeful act that causes an animal to bite, scratch, or attack in protection of self, owner, or owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with city ordinances would be considered provocation, irrespective of the reason for such entrance.
Public nuisance animal.
Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:
(1) 
Is repeatedly at large or stray;
(2) 
Damages the property or anyone other than its owner;
(3) 
Molests or intimidates pedestrians or passersby;
(4) 
Trespasses on private or public property;
(5) 
Chases vehicles;
(6) 
Excessively makes disturbing noises, including, but not limited to, continued/repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(7) 
Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(8) 
Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
(9) 
Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and or type of animals maintained; or
(10) 
Attacks other domestic animals or humans.
Residential purpose.
Any property utilized as a multifamily, four-plex, triplex, duplex, or single-family dwelling, whether occupied or not, unless such building has been condemned as a dangerous building.
Restraint.
Means that a dog is secured by a leash, lead, cord, cable, or rope that is ten (10) feet or less in length; confined within a kennel or pen; secured within the fenced boundaries of its owner's property; secured on the property through the use of perimeter collars; or attached by a chain, rope, tether, leash, cable, or other device to a stationary object or trolley system.
Serious bodily injury to an animal.
An injury to an animal characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent owner to seek veterinary treatment for the injured animal, regardless of whether or not treatment is actually sought.
Service animal.
Any animal professionally trained to assist a disabled person.
Stray.
An animal running free or at-large, with no physical or verbal restraint.
Tagged.
Shall mean an animal that has a tag with the owner contact information.
Vaccination.
An injection of United States Department of Agriculture approved rabies vaccine administered every twelve (12) months or as prescribed by the Texas Board of Health by a licensed veterinarian, or 36 months if a 36-month vaccine is used.
Wild/prohibited animal.
Any live animal, other than a common domestic species, regardless of the state or duration of captivity which can be normally found in the wild state, or may pose a potential physical or disease threat to the public or that is protected by international, federal, or state regulations, including those listed in Texas Health and Safety Code Section 822.101 and the following if not so listed:
(1) 
Class reptillia. Family Heldermatidea (venomous lizards); Family Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers and true vipers); Family Elapidae (coral snakes, cobras, mambas, and other elapids); the following listed species of Family Colubridae Dispholidus typus (boomslang), Hydrodynastes gigas (watercobra), Bioga (mangrove snake), and Thelotornis (African twig snake) only; Order Phidia, Family Boidae (racers, boas, water snakes, and pythons); and Order Crocadilla (crocodiles, alligators, caimans, and gavials);
(2) 
Class aves. Order Falconiforms (such as hawks, eagles, and vultures); Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and Order Strigiforms (such as owls);
(3) 
Class mammalia. Order Carnivora, Family Felidae (such as ocelots, margays, tigers, jaguars, leopards, and cougars), except commonly accepted domesticated cats; Family Canidae (such as wolves, wolf-dog, hybrids, dingos, coyotes, and jackals), except domesticated dogs; Family Mustelidae (such as weasels, skunks, martins, mink, and badgers) except domestic ferrets (Mustela putorius furo); Family Procyonidae (raccoon);
(4) 
Family Ursidae (such as bears); Order Marsupialia (such as kangaroos, wallabies and common opossums); Order Edentata (such as sloths, anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees, and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope, deer, bison, and camels), unless the Order Ungulata are located on-premises which meet the definition of the farm/ranch;
(5) 
Animals not listed. The Animal Control Officer may declare any species of animal not listed in this subsection as "prohibited" if the confinement of the animal within the city can be shown to constitute a threat to public health and safety; and does not mean any bird kept in a cage of aviary that is not regulated by international, federal, or state law, or a gerbil, hamster, guinea pig, or laboratory mouse or rat.
(Ordinance 05-2025A adopted 5/20/2025)
Any person violating a section of this chapter shall be fined in accordance with the general penalty provision found in § 1.01.009 of this code, plus all costs involved in impounding animals, unless otherwise specified as a class A misdemeanor or felony.
(Ordinance 05-2025A adopted 5/20/2025)
(a) 
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be fined as provided in § 2.01.002. Each violation shall constitute a separate offense.
(b) 
It is not necessary to plead or prove any culpable mental state in a prosecution arising under this chapter.
(Ordinance 05-2025A adopted 5/20/2025)
Notwithstanding any other law, the clerk of a court that collects a penalty under this chapter shall remit the penalty collected for deposit in the general fund of the city.
(Ordinance 05-2025A adopted 5/20/2025)
(a) 
A person commits an offense if, with intent to deceive, he knowingly makes a false report or statement, either verbal or written, that is material to an investigation of an alleged violation of article 2.05 or article 2.06 of this chapter to an animal control officer or other person authorized to enforce provisions of article 2.05 or article 2.06.
(b) 
A person commits an offense if he reports to a person authorized to enforce provisions of article 2.05 or article 2.06 an offense or incident within that person's concern knowing that the offense or incident did not occur.
(Ordinance 05-2025A adopted 5/20/2025)
Animal control officers and police officers are hereby authorized to trap animals at large by means of live traps and to issue live traps to citizens for the purpose of trapping animals at large. Any person tampering with a live trap or releasing an animal confined in a live trap is guilty of a misdemeanor.
(Ordinance 05-2025A adopted 5/20/2025)
Any person who shall interfere with or attempt to prevent the animal control officer or any representatives or police officer from catching or impounding any animal running at-large, whether on public or private property, shall be guilty of a misdemeanor.
(Ordinance 05-2025A adopted 5/20/2025)
(a) 
Running at-large.
It shall be unlawful for any person raising, owning and/or keeping any animal to willfully suffer or permit any such creature to run at-large upon the public streets, avenues, alleys, parks, or other public property of the city, or to willfully suffer or permit any animal to run at-large or to go upon the premises owned or in possession of or under the control of any other person in the city.
(b) 
Restraint of animal required.
Notwithstanding subsection (a) of this section, it shall be unlawful for any person to permit an animal owned, kept, or harbored by that person to be unrestricted by a leash, fence, pen or other enclosure except on property owned or controlled by the owner of the animal while that person or owner is physically present.
(Ordinance 05-2025A adopted 5/20/2025)
Except as provided by this article, no residence within the city shall harbor more than five (5) animals of any combination of three (3) months of age or older. No residence within the city shall harbor more than one litter of puppies or one litter of kittens at any given time, unless the owner possesses a valid license for breeding from the Texas Department of Licensing and Regulation.
(Ordinance 05-2025A adopted 5/20/2025)
It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the city when the keeping of such animal constitutes a public nuisance or menace to public health or safety.
(Ordinance 05-2025A adopted 5/20/2025)
Any person who shall harbor or keep animals on his/her premises, or in or about premises under his/her control, and who allows such premises to become a hazard to the general health and welfare of the community, or who shall allow such premises to give off obnoxious or offensive odors due to the activity or presence of such animals, shall be guilty of a class C misdemeanor.
(Ordinance 05-2025A adopted 5/20/2025)
It shall be the duty of every person raising, owning or keeping any animals to keep such creatures and their abodes in a sanitary condition so that such animal, or the place where such creature is kept, shall not emit foul and offensive odors of sufficient strength to be detected on any adjoining property.
(Ordinance 05-2025A adopted 5/20/2025)
(a) 
It shall be unlawful to keep, harbor, or raise swine, to include potbelly pigs, within a pen or other enclosure at any location within the corporate limits of the city.
(b) 
Exception: Swine may be brought in the city for the purpose of selling such animals within seven (7) days.
(Ordinance 05-2025A adopted 5/20/2025)
It is unlawful for any person in the city to place, cause to be placed, or allow to remain in or near his premises or the premises of any other person, or in any of the streets or other public roadways, any dead animal, either wild or domesticated, or any dead fowl, either wild or domesticated.
(Ordinance 05-2025A adopted 5/20/2025)
(a) 
If any animals within the city shall bite, scratch or otherwise attack any person, and the person so attacked was not at the time trespassing on the property of the owner or person having control of such animals, or if it cannot be proved beyond a reasonable doubt that the person so attacked was provoking or teasing such animals, the municipal court shall have the authority to order and hold a hearing, and if such court shall determine at such hearing that such animals is dangerous to persons or other animals, the court may order that such animals be kept muzzled, or that such animals be kept within a sufficient enclosure and require liability insurance or show financial responsibility in the amount of at least $100,000.00 to cover damages resulting from an attack by a dangerous animal causing bodily injury to a person. If the owner fails to comply with the restriction set forth and upon application, and after notice and hearing, the court shall issue a warrant authorizing the seizure of the animal. The owner has eleven (11) days after seizure to comply or the animal must be ordered humanely destroyed.
(b) 
The animal must be humanely put to death if the animal caused the death of a person; the animal may be ordered to be humanely put to death if the court finds it caused serious bodily injury by attacking, biting, or mauling a person.
(c) 
Any physical harm incurred by the animal control officer, police officer or other city employee during the performance of their duties or in apprehending a dangerous animal shall be remedied by the owner of the animal, which may include all medical charges and compensation for any time lost due to the animal bite.
(Ordinance 05-2025A adopted 5/20/2025)