Dangerous wild animals, as defined in V.T.C.A., Health and Safety Code, section 822.101, shall be regulated in accordance with the provisions of V.T.C.A, Health and Safety Code, chapter 822, subchapter E, section 822.101 et seq. Within the meaning of this article, livestock and fowl include but are not limited to cattle, horses, sheep, rabbits, chickens, ducks, guinea fowl, geese and exotic animal
s. Not included within the definition hereof are dogs, cats, caged songbirds, and other small domestic animals commonly kept as household pets and not raised for food or commercial purposes. No swine shall be permitted unless exempt under section 2.02.012 or 2.02.013. (1999 Code, sec. 2.110)
§ 2.02.002
Enforcement; penalties. Any person, firm, or corporation violating the provisions of this article shall be guilty of a class C misdemeanor and for each day of violation fined as provided for in the general penalty provision found in section 1.01.009 of this code, or the city may bring a civil action for the enforcement of this article as provided by the Local Government Code, chapter 54, subchapter B, and seek a civil penalty not to exceed one thousand dollars ($1,000.00) per day. (Ordinance 2623, sec. I (2.111), adopted 3/10/14)
§ 2.02.003
Keeping generally. (a)
No person or other entity shall raise, keep, breed or maintain any livestock and/or fowl within the city without first having complied with this article. (1)
Minimum tract size required.No person or other entity shall raise, keep, breed or maintain any livestock and/or fowl within the city on a tract of land smaller than one (1) acre. (2)
Restricted to personal noncommercial use.No person or other entity shall raise, keep, breed or maintain any livestock and/or fowl on a tract of land within the city except for personal noncommercial use. (3)
Number of livestock or fowl and containment.The number of livestock or fowl that will be permitted on each one (1) acre tract are: two horses, or two cows, or two goats or two sheep, or 25 rabbits, or 25 chickens or other fowl. All rabbits, chickens and other fowl shall be maintained in closed pens and shall not be allowed to wander about the premises. Horses, cows or sheep shall be contained within a fenced area. Such fence shall be of sufficient strength and design to hold such animals. (4)
Swine not allowed.No person or other entity shall raise, keep, breed or maintain swine within the city unless they qualify for an exemption as hereinafter provided. (5)
Agricultural tax exempt land.The regulations contained in this article do not apply to land that qualifies as agricultural land under the provisions of Texas Tax Code, section 23 subchapter C or D. (b)
A property that is in compliance with the requirements of this article does not become out of compliance because of the subsequent location or relocation of a residence or commercial business establishment on adjacent property or the change in use of adjacent property. I (2.101), adopted 3/10/14)
§ 2.02.004
Distance of stables, pens, etc., from residence or business establishment. No stable, barn, pen, or other area or shelter where livestock or fowl are kept shall be closer than one hundred feet (100’) to any residence or commercial business establishment unless such residence or commercial business establishment is located on the real estate where such stable, barn, [or] pen, is located or the area where livestock or fowl are kept. Landowners wishing to maintain livestock or fowl within one hundred feet (100’) of a residence or commercial business establishment that is not owned by the livestock owner may do so upon presentation of a waiver signed by all landowners within 100 feet of the pen, barn, stable or other area where such livestock or fowl will be maintained and such other information necessary to obtain a permit. I (2.105), adopted 3/10/14)
§ 2.02.005
Sanitation. All stables, barns, pens, or other areas where livestock or fowl are kept shall be maintained in a clean and sanitary condition so as to prevent obnoxious odors, the attraction and breeding of flies and/or rodents or the creation of any health hazard or accumulation of f***l matter or decaying organic matter. F***l matter or decaying organic matter shall be prevented from being carried into road ditches, adjoining property and public streets by rainwater runoff. Any stable, barn, pen or other area or shelter where livestock or fowl are kept must have attached a permanent water supply. (1999 Code, sec. 2.106)
§ 2.02.006
Noise. The landowner and/or owner of the livestock and/or fowl shall maintain all livestock and fowl so that animal sounds and noises shall not disturb residents on adjoining or nearby tracts of land. The landowner and/or owner of the livestock and/or fowl shall maintain any animal or fowl with a natural propensity for nocturnal noises within a closed barn or building between the hours of 6 o'clock p.m. and 6 o'clock a.m. (1999 Code, sec. 2.107)
§ 2.02.007
Complaints; correction of violations. Complaints regarding the keeping of livestock and/or fowl will be referred to and investigated by the appropriate officer or department, i.e., humane officer, health department, police department, public works department. If such conditions as health and sanitation, rainwater runoff or noise violations or nuisance violations, as hereafter set out, are found, the officer or department head inspecting the premises shall serve written notice of nuisance, itemizing those matters found in violation of this code, on the landowner and owner of the livestock and/or fowl if not the same as the owner, and shall post notice at the site. Thereafter, the landowner and/or owner of the livestock and/or fowl shall have ten (10) days to correct the violation and remove the nuisance. If not corrected, the owner shall be subject to any fine levied hereunder in addition to revocation of the animal permit. (1999 Code, sec. 2.108)
§ 2.02.008
Nuisances. (a)
Any stable, barn, pen or other area where livestock or fowl are kept which produces any obnoxious odor, or where flies or rodents may be found or may be breeding, or where unreasonable accumulations of f***l material or decaying organic matter are found, or which may be a health hazard or injurious to the welfare of the citizens of the city, is declared a public nuisance. (b)
Any livestock or fowl which creates unreasonable noise or other activity which disturbs the repose or comfort or peace and quiet of adjoining or nearby residents are declared a public nuisance. (c)
The flow of rainwater carrying f***l matter or decaying organic matter from any property into a road ditch, onto any public road or onto any adjoining property is declared a public nuisance. (d)
Livestock or fowl found outside their designated pen, stable or barn and roaming on adjoining property or any public property on more than one occurrence are declared a public nuisance. (1999 Code, sec. 2.109)
§ 2.02.009
Running at large prohibited. It shall be unlawful for any person owning, having control over or having custody of any livestock or fowl to allow such livestock or fowl to run at large outside their designated pen, barn or stable or to be at large on any public property, roadway, alley, square, park, sidewalk or any other property. (1999 Code, sec. 2.112)
§ 2.02.010
Impoundment of animals running at large. It shall be the duty of the animal control officer or deputy to impound all livestock and fowl found running at large on any public property, roadway, alley, square, park, sidewalk or any other property not belonging to the person owning the animals or who may otherwise be in control of the animals or fowl. (1999 Code, sec. 2.113)
§ 2.02.011
Redemption of impounded animals. The owner or person in control of impounded livestock or fowl may redeem the livestock or fowl by the payment of an impoundment fee in the amount established in appendix A to this code per head of livestock or fowl plus a per day impoundment fee for each head of livestock and fowl redeemed in the amount established in appendix A to this code. Livestock and fowl not redeemed after seven (7) days shall be deemed abandoned. Abandoned livestock or fowl may be sold at public auction after publishing notice of sale at least twice in the local newspaper. Such notice shall contain a description of the livestock or fowl being auctioned. If after publishing notice the owner seeks to redeem the livestock or fowl, the owner, in addition to paying the impoundment fee and per diem fee, must also reimburse the city for the cost of publishing notice. (1999 Code, sec. 2.114; Ordinance adopting Code)
§ 2.02.012
Future Farmers of America and 4-H projects. Members of a chapter of the Future Farmers of America (FFA) or the 4-H located within the city limits wishing to maintain livestock or fowl under the direction of the FFA or 4-H on a tract smaller than one (1) acre may do so upon presentation of a waiver signed by all landowners within 100 feet of the pen, barn, stable or other area where such livestock or fowl will be maintained and such other information necessary to obtain a permit. The fee requirements of section 2.02.041(b) are waived for such project. The permit shall be renewable annually. Livestock or fowl maintained under this provision shall be maintained at the residence of the member. For the purposes of this article the prohibition against swine is waived. I (2.115), adopted 3/10/14)
§ 2.02.013
School district activities. The provisions of this article do not apply to any agricultural related activity sponsored by and located on property owned by a public school district. I (2.116), adopted 3/10/14)
§ 2.02.014
through § 2.02.040. (Reserved)
Division 2
Permit
§ 2.02.041
Required; application; renewal. (a)
Any person or other entity raising, keeping, and maintaining livestock and/or fowl on a tract of land larger than one (1) acre shall obtain an annual permit from the city (animal permit), except that no permit is required for single tracts of land larger than five (5) acres. (b)
After the original permit is issued, renewal permits must be obtained on or before the expiration date of the permit by completing a new application and paying a renewal fee as provided in the fee schedule found in the appendix of this code. (c)
Applications for animal permits shall be obtained from the city secretary's office. (d)
Applications for animal permits and renewals shall contain the following: name, address, telephone number of the persons, firm, or corporation raising, keeping, and maintaining livestock and/or fowl; mailing and street address of the owner of the property on which the livestock or fowl are to be kept; description of the property on which the livestock or fowl are to be kept; description and number of animals or fowl which will be kept; drawing showing location of premises where any stable, barn, pen, or other area where livestock or fowl are to be located and showing the location of and distance to neighboring residences or commercial buildings. With each application, applicants shall a pay nonrefundable fee as provided in the fee schedule found in the appendix of this code. I (2.102), adopted 3/10/14)
§ 2.02.042
Revocation. Permits issued under this article are revocable by the city council. Permits may be revoked on the grounds of violation of this article, noise, or other circumstance the city council determines creates a nuisance, and changed conditions. The city council shall serve notice of its intention to revoke ten (10) days prior to the meeting at which such revocation will be considered. Any person holding a permit having received such revocation notice shall be allowed to appear and be heard by the city council. The revocation provided herein shall be a remedy in addition to the criminal penalties provided herein for violation of this article. (1999 Code, sec. 2.103)
§ 2.02.043
Inspection of site. Prior to issuance of a permit, original or renewal, the animal control officer or designee shall make an inspection of the site. If such site is denied approval, the animal control officer shall file a written report identifying the basis for denial with the city administrator with a copy furnished to the applicant. I (2.104), adopted 3/10/14)
§ 2.02.044
Existing permits. Any unexpired permit issued under any prior ordinance for the maintaining of animals or fowl shall remain in full force and effect under the ordinances in existence at the time of the issuance of such permit. No permit issued under a prior ordinance shall be renewed unless it complies with the provisions of this article. All ordinances in conflict with this article are hereby revoked as of the effective date of this article.
§ 2.03.001
Definitions. For purposes of this article:
At large. (1)
Not under the control of the owner either by a leash, chain, cord, or other suitable material attached to a collar or harness; or
(2)
Not restrained securely within an enclosure or fence. Dog and cat. Shall mean both the male and female. Dog kennel or cattery. Any lot, enclosure, or premises, or structure or building, except a veterinary hospital, whereon or wherein four (4) or more dogs or cats over the age of six (6) months are kept or maintained for any purposes whatsoever. Kennel or cattery may be individually or collectively referred to in this article as “pound.”
Owner. Any person, firm, or corporation owning or keeping or harboring or having control of, or custody of, a dog or cat. (1999 Code, sec. 2.201)
§ 2.03.002
Keeping unlicensed or unvaccinated dog or cat. Any owner who shall maintain or keep a dog or cat more than six (6) months of age on any premises within the corporate limits of the city which has not been licensed and vaccinated as required by this article shall be guilty of a misdemeanor and shall be fined as provided for in the general penalty provision found in section 1.01.009 of this code. (1999 Code, sec. 2.222(a))
§ 2.03.003
Refusal to deliver unlicensed or unvaccinated animal for impoundment. Any person who shall refuse to deliver any unlicensed or unvaccinated dog or cat to the city animal control officer or any of his deputies or any city police officer upon demand for impounding shall be guilty of a misdemeanor and shall be fined as mentioned in section 2.03.002. (1999 Code, sec. 2.222(b)(1))
§ 2.03.004
Confinement of animal biting person or suspected of having rabies. (a)
Any dog or cat or animal that has rabies or symptoms thereof, and suspected of having rabies, or that has been exposed to rabies, shall at once be released by its owner/possessor for disposal or confinement in a veterinary hospital approved by the city council or to the city animal control officer. (b)
Every dog and cat that has rabies or symptoms thereof, or any dog or cat that bites, scratches, or otherwise attacks any person not the owner or possessor of same, may be immediately impounded and be held at the owner's expense in any veterinary hospital approved by the city council or by the city animal control officer. All such costs as herein incurred shall be the obligation of the animal's owner/possessor and shall be paid in full before the animal is released. If such amount is not paid following notice to the owner/possessor, the dog or cat shall be delivered to the pound and disposed of in accordance with other provisions of this article. (c)
Any owner or possessor of a dog or cat who refuses to deliver a dog or cat having rabies or symptoms thereof, or which has bitten, scratched, or otherwise attacked any person not the owner or possessor of same, to the city animal control officer or person authorized to act under this article shall be guilty of a misdemeanor and shall be fined any sum as provided for in the general penalty provision found in section 1.01.009 of this code. (1999 Code, sec. 2.222(b)(2)-(4))
§ 2.03.005
Allowing dog to run at large. Any owner, keeper or custodian of a dog who shall allow such dog to run at large, as such term is herein defined, whether on public or private property, except as provided in section 2.03.013, shall be guilty of a misdemeanor, if convicted, as mentioned in section 2.03.002. (1999 Code, sec. 2.222(c))
§ 2.03.006
Obstructing enforcement. The city animal control officer, his deputies and city police officers on duty shall have the right at any reasonable time to inspect any dog or cat to determine if said dog or cat is licensed and vaccinated as required by this article and shall have the authority to enter any premises for such purpose. It shall be unlawful for any person to refuse entrance to such city animal control officer, his deputies or city police officers on duty or to impede, obstruct or exclude such city animal control officer, his deputies or city police officers on duty when attempting to enter such premises for the purpose of inspecting such dog or cat, and any person who shall refuse entrance or impede or obstruct such city animal control officer, his deputies or city police officers on duty shall be guilty of a misdemeanor and shall be fined as mentioned above. (1999 Code, sec. 2.222(d))
§ 2.03.007
Limitation on number of animals. No more than three (3) dogs and/or cats over the age of six (6) months shall be kept on their owner's premises within the city limits, nor shall any person keep, house, feed, breed, or maintain more than three (3) dogs or cats over the age of six (6) months at any time within the city. (1999 Code, art. 2.400)
§ 2.03.008
Dogs running at large on public property. Except as provided in section 2.03.013, it shall be unlawful for any person owning or having control over or having custody of any dog to permit or allow such dog to run or be at large upon any public highway, street, alley, court, square, park, sidewalk or any other public property within the corporate limits of the city. (1999 Code, sec. 2.202)
§ 2.03.009
Dogs or cats running at large on private property. It shall be unlawful for any person owning or having control over or having custody of any dog or cat to permit or allow such dog or cat to run or be at large upon any lot, tract or parcel of land within the corporate limits of the city, except on fenced property belonging to the dog or cat owner. (1999 Code, sec. 2.203)
§ 2.03.010
Licensing and vaccination required. (a)
Annual license fee.There is hereby levied upon each and every dog or cat more than four (4) months of age that is kept, harbored or maintained by the owner thereof in the corporate limits of the city an annual license fee as provided for in the fee schedule found in the appendix of this code. (b)
License issued by city animal control officer.Dog and cat licenses shall be issued by the city animal control officer upon payment of the license fee and application made upon printed forms provided for such purpose, which application shall state the name and address of the owner or keeper of such dog or cat and the name, breed, color and s*x of the dog or cat being licensed. (c)
License certificate and tag.Upon payment of the license fee, the city animal control officer shall issue to the owner a license certificate and a metallic tag for each dog and cat so licensed. The tag shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. (d)
Proof of vaccination required.The city animal control officer shall not issue any license or license tag for any dog or cat until the owner or person in charge of such dog or cat shall have obtained and presented to such animal control officer a current certificate from a veterinarian, licensed to practice veterinary medicine in the state, verifying that such dog or cat has been vaccinated for rabies. (e)
License tag not transferable.Dog license tags shall not be transferable from one dog or cat to another and it shall be unlawful for the owner or person having control over or custody of any dog or cat to transfer such license tag from the dog or cat for which such tag was issued to any other dog or cat. (f)
License fees not refundable.No refunds shall be made for any dog or cat license fee because of death of the dog or cat or the owner's leaving the city before the expiration of the license period. I (2.204), adopted 3/10/14)
§ 2.03.011
Wearing of collar and tags. It shall be unlawful for any person to maintain or keep a dog or cat more than six (6) months of age on any premises within the corporate limits of the city unless such dog or cat wears a collar or harness securely attached to its body to which shall be securely attached a tag issued for said dog or cat by a licensed veterinarian, licensed to practice veterinary medicine in the state, showing that the dog or cat has been within the current calendar year vaccinated against rabies, and also securely attached to said collar or harness a license tag showing said dog or cat has been licensed by the city animal control officer for the current year. The provisions of this section shall not apply to dogs or cats six (6) months or less of age. (1999 Code, sec. 2.207)
§ 2.03.012
Determination that dog or cat is vicious or dangerous to public. If any dog or cat within the city shall bite, scratch or otherwise attack any person and the person so attacked was not at the time trespassing upon the property of the owner or person having control of such dog or cat, or if it cannot be proved beyond a reasonable doubt that the person so attacked was provoking or teasing such dog or cat, the municipal court of the city shall have the authority to order and hold a hearing. If such court shall determine at such hearing that such dog or cat is vicious or dangerous to persons or other animals, the court may order that such dog or cat be kept muzzled, or that such dog or cat be kept within a sufficient enclosure, or that such dog or cat be delivered to the city animal control officer and by him destroyed. (1999 Code, sec. 2.221)
§ 2.03.013
Dog parks. (a)
Designation.The city council may from time to time designate certain areas on city property to be known as “dog parks” where dog owners or those in charge of a dog or dogs may bring their dogs to run at large. (b)
Entrance gate.The dog park may be accessed only through its designated entrance gate. (c)
License and vaccination required.Dogs entering a dog park must wear current registration and rabies vaccination tags at all times. (d)
Rules.Dog park rules are to be posted at the dog park and shall include the following:
(1)
Dog owners or persons in possession of dogs must have a leash in their possession at all times. (2)
Owners or persons in possession of dogs must clean up and properly dispose of any waste left by their dog. (3)
No dog younger than 4 months shall be permitted in the dog park. (4)
Owners or persons in possession of dogs are limited to 3 dogs per person per visit. (5)
Female dogs in season are prohibited. (6)
Any dog that exhibits, or appears to exhibit, aggressive behavior shall be immediately leashed and removed from the park. (7)
Bicycles, scooters, riding toys, motorized toys or other items that might interfere with the utilization of the park by other patrons and their dogs are prohibited within the park. (e)
Violation of rules.Any person violating any dog park rule shall be guilty of a misdemeanor, if convicted, and shall be fined as provided for in the general penalty provision found in section 1.01.009 of this code.
