Chapter 14. Animals

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned animal shall mean the dumping, deserting or leaving of any animal while in the person's custody without making reasonable arrangements for assumption of custody by another person.

Adult animal means an animal that is six months of age or older.

Aggressive dog shall mean any dog that has:

(1) Molested a passerby; or

(2) Attacked and wounded, but does not kill or severely wound, another animal without provocation and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own.

Animal means any warm-blooded animal. For purposes of article V, the term "animal" excludes a wild animal.

Animal control authority means the city's animal services division with authority over the area where the animal is kept.

Animal control officer means a person designated by the director to represent and act for the city in the impounding of animals, controlling of animals running at large and as otherwise required to enforce the provisions of this chapter and to enforce all regulations relating to animals as authorized by the state.

Animal nuisance shall mean a public nuisance created within the city, in violation of section 14-178 of this chapter.

Animal shelter means a facility operated by the city for the purpose of impounding or caring for stray, homeless, abandoned, or unwanted animals held under the authority of this chapter or state law.

Animal subject to capture means any animal observed running at large, any animal reasonably believed to have bitten a person or an animal, or any animal ordered to be captured pursuant to a court order.

At large means, when applied to any animal, except cats:

(1) Not restrained or contained by means of an appropriate carrier or cage or a leash or chain of sufficient strength and length to control the actions of such animal while off the premises of the owner; or

(2) Not confined on the premises of the owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured by lawful restraint to prevent the animal from escaping from the premises and so arranged that the animal will remain upon the premises and not come any closer than six feet to a public walkway or sidewalk when the restraint leash is stretched to full length.

Cat means a domesticated animal that is a member of the feline family.

Collar means any collar constructed of nylon, leather, or similar material, specifically designed to be used for an animal.

Community cat shall mean any domestic cat, with no indication of ownership, that lives primarily outside and has an ear-tip.

Community cat caregiver shall mean a person who, in accordance with and 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.

Community cat colony shall mean a group of free-roaming (homeless or stray) cats maintained by a community cat caregiver (who provides food, water and shelter) using trap-neuter-return methodology.

Currently vaccinated means vaccinated against rabies and satisfying the following criteria:

(1) The animal must have been at least three months of age at the time of vaccination with an anti-rabies vaccine or by 16 weeks of age using the recommended route of administration for the vaccine;

(2) At least 30 days have elapsed since the animal was vaccinated; and

(3) Either:

a. Not more than 12 months have elapsed since the date of the most recent vaccination of the animal; or

b. At the recommended interval for booster vaccination as established by the manufacturer for a third or subsequent vaccination.

Dangerous dog means any dog that:

(1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or

(2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; or

(3) Has attacked and killed or severely wounded another animal without provocation and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own.

Director means the city's director of health.

Dog means a domesticated animal that is a member of the canine family.

Ear-tipping shall mean under veterinarian services for the sterilization of a cat, the tip of the left ear is removed indicating the cat is a community cat and is sterilized and vaccinated.

Farm or ranch means an area of five acres or more, with a Texas agriculture or timber registration, which is used for growing usual farm products, vegetables, fruits, trees, and grains and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep, including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

Fowl means any bird, domestic or wild.

Humane live-animal traps means a device used for catching an animal alive and uninjured for transport to another location in which reasonable precautions are taken to maximize the humane treatment of and to minimize the stress on the trapped animal.

Kennel means:

(1) Any lot, building, structure, enclosure or premises where four or more adult dogs are kept; or

(2) Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other animals.

Livestock means any grazing animal, including, but not limited to, cattle, horses, mules, asses, burros, swine, sheep and goats.

Microchip means a computer chip that is preprogrammed with a unique alphanumeric combination code which is inserted into the animal.

Notice means by personal service, telephone, e-mail, certified mail return receipt requested, or a written notice left at the entrance to the premises where the animal is harbored.

Owner means any person owning, keeping, having custody or control of or harboring one or more animals, not including a community cat caregiver.

Performing animal exhibition means any spectacle, display, act or event other than circuses in which performing animals are used.

Pet means any animal kept for pleasure rather than utility.

Previously declared dangerous dog means a dog that has been determined to be a dangerous dog by a court, whose owner is required to comply with sections 14-154 and 14-155.

Properly fitted means, with respect to a collar, a collar that measures the circumference of an animal's neck plus at least one inch.

Quarantine means strict confinement of an animal specified in an order of the department or its designee:

(1) On the private premises of the animal's owner or at a facility approved by the director; and

(2) Under restraint by closed cage or paddock or in any other manner approved by the director's rule.

Rabies control authority means the officer designated by the city council in section 14-2 of this Code under V.T.C.A., Health and Safety Code § 826.017.

Rescue organization means a non-profit animal welfare organization registered under IRS section 501(c)(3) or an organization that:

(1) Has entered into a rescue placement agreement with the city;

(2) Serves the purpose of:

a. The prevention of cruelty to animals;

b. Fostering or adoption; or

c. The transport of animals on behalf of another rescue or shelter organization, provided the receiving agency is resourced to secure a live outcome for the animal(s) subject to transport; and

(3) Does not have an officer, board member, staff member or volunteer who has a case pending or has been convicted of a criminal offense having as its primary effect the punishment of animal neglect or animal cruelty or dog fighting.

Restraint means a chain, rope, tether, leash, cable, or other device that attaches an animal to a stationary object or trolley system

(1) Within:

a. A kennel or pen; or

b. Within fenced real property, and

(2) Which may not come any closer than six feet to a public walkway or sidewalk when the restraint lead is stretched to full length.

Secure enclosure means a fenced pen, kennel or structure that is:

(1) Locked;

(2) Capable of preventing the entry of the general public, including children;

(3) Capable of preventing the escape or release of an animal;

(4) Clearly marked as containing a quarantined animal or dangerous dog; and

(5) Is in conformance with any additional requirements for enclosures, as established and provided in writing to the owner by the director.

Severely wounded means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek medical treatment from a veterinarian for an animal without regard to whether the person actually sought medical treatment.

Tract means a contiguous parcel of land under common ownership.

Trap-Neuter-Return shall mean the process of humanely trapping, sterilizing, vaccinating for rabies, ear-tipping, and returning community cats to their original location.

Vaccination means an injection of United States Department of Agriculture approved rabies vaccine, licensed for use in a specific species, properly administered as prescribed by or under the direct supervision of a licensed veterinarian.

Veterinary hospital/clinic means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

Wild animal means 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, but not limited to, the following:

(1) Class Reptilia. Family Helodermatidae (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 (water cobra), Boiga (mangrove snake), and Thelotomis (African twig snake) only; Order Ophidia, Family Boidae (racers, boas, water snakes, and pythons); and Order Crocodilia (crocodiles, alligators, caimans, and gavials);

(2) Class Aves. Order Falconiformes (such as hawks, eagles, and vultures); Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and Order Strigiformes (such as owls); Order Passeriformes (songbirds);

(3) Class Mammalia. Order Camivora, Family Felidae (such as ocelots, margays, tigers, jaguars, leopards, lions, cheetahs, bobcats, lynx, servals, caracals and cougars), except commonly accepted domesticated cats; Family Hyaenidae (such as hyena); Family Canidae (such as wolves, wolf-dogs, hybrids, dingos, coyotes, and jackals), except domesticated dogs; Family Mustelidae (such as weasels, skunks, martins, minks, and badgers), except domesticated ferrets (Mustela putorius furo); Family Procyonidae (raccoon); 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, baboons, orangutans, 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; or any hybrid of an animal listed in this subdivision;

(4) Animals not listed. The director 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 or aviary that is not regulated by international, federal, or state law, or a gerbil, hamster, guinea pig, or laboratory mouse or rat.

Zoological park means any facility open to the public, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animals, operated by a person, partnership, corporation, or governmental agency.

(Ord. No. 14,458, § 2, 8-13-20; Ord. No. 14,916, § 1, 10-28-21; Ord. No. 15,578, §§ 1, 2, 10-12-23)

Under this chapter, the rabies control authority shall be the director.

(Ord. No. 14,458, § 2, 8-13-20)

Except as otherwise provided in this chapter, any person violating any provision of this chapter shall, upon conviction, be punished as provided in section 1-14 of this Code.

(Ord. No. 14,458, § 2, 8-13-20)

(a) Lack of proper care.

(1) No person shall:

a. Deprive an animal of sufficient, good and wholesome food or water, which is adequate and meets the nutritional needs of the animal's species in a manner that allows the animal to maintain optimal body condition;

b. Deprive an animal of adequate shelter and protection from weather, which shelter shall:

1. Be large enough for the animal to enter, stand, turn around, and lie down in a natural manner;

2. Keep the animal dry;

3. Provide the animal with natural or artificial shade from direct sunlight;

4. Protect the animal from excessive heat and cold and other adverse weather conditions; and

5. Be adequately ventilated; or

c. Deprive an animal of veterinary care when needed to prevent suffering, or of humane care and treatment.

(2) An owner of an animal commits an offense if the owner:

a. Does not keep the animal in a clean, sanitary, and healthy condition;

b. Confines the animal to the extent that it is forced to stand, sit, or lie in its own excrement;

c. Does not regularly maintain the animal and its shelter to prevent odor or a health or sanitation problem; or

d. Does not provide the animal with exercise space that is large enough to prevent injury and keep the animal in good condition.

(3) It is an affirmative defense to prosecution under this subsection (a) that the animal's treatment was as directed by a licensed veterinarian.

(b) Commercial display and transport in motor vehicles.

(1) No person shall:

a. Transport or carry on any public roadway any animal in a vehicle unless the animal is safely enclosed within the vehicle; or

b. Transport or carry on any public roadway any animal in an unenclosed vehicle, including, but not limited to, convertibles, pickup trucks, jeeps, and flatbed trucks, unless the animal is confined by a vented container or cage, by chain, rope or other device cross-tied to prevent the animal from falling or jumping from the vehicle or from strangling on a single leash;

c. Leave any animal in any standing or parked vehicle in such a way as to endanger the animal's health, safety or welfare; or

d. Sell, trade, barter, lease, rent, give away, or display for a commercial purpose, any live animal,

1. On any roadside, public right-of-way, parking lot; or

2. At any flea market, farmer's market or other live outdoor event.

(2) This subsection shall not apply to a person, who is (i) an employee of a governmental agency acting in his/her official capacity and has obtained the permission of the owner of the property or (ii) an officer, employee or volunteer of a rescue organization acting on behalf of such organization, on property of an existing business that sells or offers for sale the same or similar goods, merchandise, or services from within a facility on that property for which a certificate of occupancy has been issued.

(Ord. No. 14,458, § 2, 8-13-20)

(a) It shall be unlawful for any person to allow or permit an animal owned or possessed by him/her to run at large.

(b) A culpable mental state is not required as an element of this offense.

(c) It is an affirmative defense to prosecution if the animal was running at large due to the act of some person, other than the owner of the animal or an occupant of the premises where such animal is possessed, or due to some factor not reasonably foreseeable by the owner or person having possession of the animal.

(d) An offense under this section is punishable by a fine of not less than:

(1) Twenty-five dollars for the first offense;

(2) One hundred dollars for the second offense within a 12-month period; and

(3) Three hundred dollars for all subsequent offenses within a 12-month period.

(e) Animals running at large are subject to capture by an animal control officer.

(f) An animal must be micro-chipped upon a second offense of running at large.

(Ord. No. 14,458, § 2, 8-13-20)

Under this chapter it shall be unlawful for a person to intentionally or knowingly:

(1) Refuse to surrender any animal subject to capture owned or possessed by him upon demand of an animal control officer or a police officer;

(2) Interfere with an animal control officer or police officer attempting to capture or who has captured any animal subject to capture and such interference permits the animal to escape capture; or

(3) Refuse to deliver an animal subject to capture owned or possessed by him to a licensed veterinarian for observation or treatment upon demand of an animal control officer or police officer.

(Ord. No. 14,458, § 2, 8-13-20; Ord. No. 15,578, § 3, 10-12-23)

(a) Prohibited. It shall be unlawful for any person to intentionally or knowingly keep or maintain the following within the city limits:

(1) One or more hogs, swine or pigs;

(2) Livestock, rabbits or fowl within 200 feet of a private residence the person has no right to occupy;

(3) Livestock or fowl within 300 feet of a church, school, hospital or public place where food is sold or consumed;

(4) Any animal within a public place where food is sold or consumed, except (i) assistance dogs which are permitted in such places under state law or (ii) dogs in an outdoor dining area of a food service establishment if permitted pursuant to section V.T.C.A., Health and Safety Code § 437.025;

(5) Any wild animal; or

(6) Bees or beehives within 300 feet of a private residence the person has no right to occupy, a church, school, a day care, a nursing home, a hospital, a park or a public place.

(b) Defense. It shall be an affirmative defense to prosecution under subsection (a)(1) of this section if such hog, swine or pig was possessed for the purpose of sale within 24 hours.

(c) Exceptions. Subsection (a) shall not apply to:

(1) An animal or its habitat that is part of an exhibit or project, which is operated or conducted solely for educational purposes and maintained by a governmental entity;

(2) Zoological parks, performing animal exhibitions, or circuses;

(3) An injured, infirmed, orphaned or abandoned dangerous wild animal while being rehabilitated, treated or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under V.T.C.A., Parks and Wildlife Code subch. C, ch. 43;

(4) Fairgrounds consisting of 15 acres or more, owned by a non-profit corporation, and operated for educational events lasting no more than seven consecutive calendar days;

(5) Family Boidae (boas and pythons) less than 36 inches long; or

(6) The raising or keeping of six or fewer chickens, excluding roosters, maintained in any pen, shed, coop, enclosed structure, or fenced yard, which is:

a. Located at least 200 feet from a residential structure; and

b. Maintained in such a manner as to not give off odors offensive to persons of ordinary sensibilities residing in the area, or breed or attract flies, mosquitoes or other noxious insects or rodents, or in any manner to endanger the public health, safety or welfare.

(Ord. No. 14,458, § 2, 8-13-20; Ord. No. 15,578, § 5, 10-12-23)

(a) The owner of any dog or cat kept within the corporate limits of the City of Baytown must have the animal implanted with a microchip and registered with a microchip registry.

(b) If the dog or cat is less than four months of age, the pet owner must have the animal implanted with a microchip and registered with a microchip registry within 30 days of the animal attaining four months of age.

(c) It is an affirmative defense to prosecution under this section that:

(1) The owner of the dog or cat has resided in the city for fewer than 30 calendar days;

(2) The dog or cat was under four months of age;

(3) The dog or cat was being held for sale by a retail pet store or for adoption by animal services or an animal rescue organization;

(4) The dog or cat was owned by a governmental agency or veterinarian; or

(5) The dog or cat qualifies for a medical exception from a licensed veterinarian in writing.

(d) The owner of a dog or cat must keep the microchip link information current with the microchip registration company to ensure the animal owner can be contacted in the event of an emergency.

(1) If the owner's contact information changes for the registered microchipped dog or cat, the owner shall update the contact information, including address and telephone number, with the microchip registration company within 30 calendar days after the change in contact information.

(2) If the ownership of the registered microchipped dog or cat changes, the initial owner shall be responsible for ensuring the microchip is no longer registered in the initial owner's name within 30 calendar days after the change in ownership.

(3) The new owner shall be responsible for re-registering the microchip in the new owner's name, to include the new address and telephone number, within 30 calendar days after the change in ownership.

(e) All dogs or cats that are processed through or held in the animal shelter shall be microchipped prior to being released to an adopted owner or released to a prior owner. The cost of the microchip will be added to the adoption fees or impoundment fees.

(f) The microchip fee is nonrefundable and may be used only for the dog or cat for which it was issued.

(Ord. No. 15,223, § 1, 10-13-22)

(a) It shall be unlawful for any person to maintain within the city limits any animal or fowl in such a manner or allow any pen, enclosure, yard or similar place used for the keeping of animals or fowl to become unsanitary, offensive by reason of odor or dust or to create a condition that is a breeding place for fleas or other vector and which is offensive to persons of ordinary sensibilities residing in the vicinity thereof.

(b) Reserved.

(c) It shall be unlawful for a person to maintain property in any condition injurious to public health caused by the lack of or improper disposal of an animal or animal waste.

(Ord. No. 14,458, § 2, 8-13-20; Ord. No. 14,916, § 2, 10-28-21; Ord. No. 15,578, § 6, 10-12-23)

(a) Only humane live-animal traps may be used for capturing animals running at large in the city.

(b) No person shall remove, alter, damage, or otherwise tamper with a trap or equipment set out by an animal control officer or any person acting in his official capacity as an employee or contractor of a governmental agency.

(c) Any person using a humane trap in the city should make a reasonable effort to ensure any animal confined in the trap is not unduly exposed to severe or extreme weather conditions including, but not limited to:

(1) The actual or effective outdoor temperature is below 32 degrees Fahrenheit;

(2) A heat advisory Fahrenheit has been issued by a local or state authority or jurisdiction; or

(3) A hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.

(Ord. No. 14,458, § 2, 8-13-20)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning:

Adequate shelter means a sturdy structure:

(1) That provides the dog protection from inclement weather; and

(2) With dimensions that allow the dog while in the shelter to stand erect, sit, turn around, and lie down in a normal position.

Collar means a band of material specifically designed to be placed around the neck of a dog.

Harness means a set of straps constructed of nylon, leather, or similar material, specifically designed to restrain or control a dog.

Inclement weather includes rain, hail, sleet, snow, high winds, extreme low temperatures, or extreme high temperatures.

Owner means a person who owns or has custody or control of a dog.

Properly fitted means, with respect to a collar or harness, a collar or harness that:

(1) Is appropriately sized for the dog based on the dog's measurements and body weight;

(2) Does not choke the dog or impede the dog's normal breathing or swallowing; and

(3) Does not cause pain or injury to the dog.

Restraint means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.

(b) Unlawful restraint of dog; offense.

(1) An owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to:

a. Adequate shelter;

b. An area that allows the dog to avoid standing water and exposure to excessive animal waste;

c. Shade from direct sunlight; and

d. Potable water.

(2) An owner may not restrain a dog outside and unattended by use of a restraint that:

a. Is a chain;

b. Has weights attached;

c. Is shorter in length than the greater of:

1. 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

2. Ten feet; or

d. Is attached to a collar or harness not properly fitted.

(3) A person commits an offense if the person knowingly violates this section. The restraint of each dog that is in violation is a separate offense.

(c) Exceptions.

(1) A person does not commit an offense:

a. In a public camping or recreational area, provided that the use of a restraint on the dog is otherwise in compliance with all federal, state, or local laws, ordinances, regulations, or rules, applicable to the public camping or recreational area;

b. If the use of a restraint on the dog is temporary, occurs while the owner and dog engage in, or actively train for, an activity conducted under a valid license issued by this state, and the dog is restrained not longer than the time reasonably necessary for the owner and dog to engage in the activity;

c. If the use of a restraint on the dog is temporary, directly relates to the business of shepherding or herding cattle or livestock, and the dog is restrained not longer than the time reasonably necessary for the owner and dog to engage in the activity;

d. If the use of a restraint on the dog is temporary, directly relates to the business of cultivating agricultural products, and the dog is restrained not longer than the time reasonably necessary for the owner and dog to engage in the activity;

e. If the dog is left unattended in an open-air truck bed only for the time reasonably necessary for the owner to complete a temporary task that requires the dog to be left unattended in the truck bed;

f. If the dog is taken by the owner, or another person with the owner's permission, from the owner's residence or property and is restrained by the owner or the person not longer than the time necessary for the owner or person to engage in an activity that requires the dog to be temporarily restrained; or

g. If the use of the restraint is temporary, the owner and dog are engaged in, or actively training for, hunting or field trialing, and the dog is restrained not longer than the time reasonably necessary for the owner and dog to engage in the activity.

(2) Section 14-12(b)(2)c. does not apply to a restraint attached to a trolley system that allows a dog to move along a running line for a distance equal to or greater than the lengths specified under that subdivision.

(3) This subchapter does not prohibit a person from walking a dog with a handheld leash.

(Ord. No. 14,458, § 2, 8-13-20; Ord. No. 15,578, § 7, 10-12-23)

(a) The directors of health, planning and community development, police chief and the fire chief are authorized to enforce the provisions of this chapter and to make all necessary inspections, to issue citations, to give notice, to file applicable charges and to otherwise cooperate in the enforcement of this chapter.

(b) It shall be unlawful for any owner or person to interfere with an animal control officer or the director or any other authorized person in the performance of his duties as prescribed by this chapter.

(c) Animal control officers or other authorized persons have the right to pursue and apprehend animals running at large onto private property while enforcing the provisions of this chapter.

(Ord. No. 14,458, § 2, 8-13-20)

(a) The animal control officer may take up and impound any animal found at large in violation of this chapter. If the owner of such animal is known or can be readily ascertained, the animal control officer shall notify the owner by telephone, personal service, certified mail, email, or door tag not later than 48 hours following such impoundment or after obtaining owner information.

(b) Under the provisions of this chapter, the animal control authority shall be the designated caretaker of every impounded animal immediately upon impoundment.

(c) Impounded animals owned by persons that are incarcerated or otherwise detained by law enforcement must be reclaimed by the owner, or other representative so designated in writing by the owner, within 30 business days following impoundment, not to include the date of impoundment. Animals not reclaimed within 30 business days shall become the property of the city animal services division.

(Ord. No. 14,458, § 2, 8-13-20; Ord. No. 15,578, § 8, 10-12-23)

(a) The owner, keeper, or harborer of any animal impounded under this section may redeem the same within three operating days from the date of impoundment by the city's animal services division, by paying the applicable impoundment and boarding fees as established in section 14-173. "Operating days" shall mean each day that the animal services facility is open for business.

(b) Any owner or person redeeming a non-sterilized animal from the animal shelter for the second time within any 12 consecutive-month period must have the animal sterilized within 30 days of the date the animal was released from the shelter. Proof of said sterilization must be provided to the director within ten days of compliance.

(c) Any person desiring to adopt an impounded cat, dog or other animal that is property of the city pursuant to section 14-39 may do so upon payment of the applicable fee as established in section 14-173. All adoptions are at the discretion of the director. As a condition of adoption, the dog or cat shall be sterilized and vaccinated, or the prospective owner must sign a sterilization agreement to have the dog or cat sterilized and vaccinated for rabies before the dog or cat is released. The sterilization agreement must include the following:

(1) The date of the agreement;

(2) The names, addresses, and signatures of an animal control officer and the new owner;

(3) A description of the animal to be adopted;

(4) The sterilization and rabies vaccination completion date in accordance with subsection (d); and

(5) A statement, printed in conspicuous, bold print, that sterilization of the animal is required under V.T.C.A., Health and Safety Code, ch. 828, and that a violation of this chapter is a criminal offense punishable as a Class C misdemeanor.

(d) A dog or cat adopted from the city shall be spayed or neutered within 30 days of adoption unless the procedure has already been accomplished or the animal is less than six months of age. Persons adopting a dog or cat less than six months of age shall agree to have it spayed or neutered when it becomes six months old. However, the deadline for sterilization as provided herein may be extended for 30 days on presentation of a written report from a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by surgery. There is no limit on the number of extensions that may be granted under this subsection.

(e) It is an exception to the application of subsection (d) of this section if the animal is transferred to a state, county or other governmental entity that has as its primary purpose, the impound, adoption and/or euthanasia of animals in a humane manner, as determined by the director.

(Ord. No. 14,458, § 2, 8-13-20; Ord. No. 15,578, § 10, 10-12-23)

(a) An animal surrendered by its owner to the animal shelter is immediately abandoned by its owner and is the property of the city. The city may transfer, place, or sell an animal surrendered by its owner at any time after intake.

(b) Except as provided in subsection (c), the city shall hold an impounded animal not surrendered by its owner for a period of three business days following impoundment of the animal for owner reclamation. On the fourth business day, an impounded animal is the property of the city.

(c) In order to save the life of an impounded animal not surrendered by its owner, the animal control authority may transfer that animal, unless it is under investigation as a dangerous dog, from the animal shelter to a rescue organization prior to the expiration of the period described in subsection (b) subject to the following conditions:

(1) The animal control authority shall maintain documentation, in physical and electronic form reviewable by the public, of an animal transferred under this subsection, including a photograph of the animal and all information pertaining to the animal's impoundment and transfer, at the animal shelter and on the animal shelter's website for three business days following the impoundment of the animal at the animal shelter.

(2) An animal transferred under this subsection is considered abandoned by its owner, and becomes the property of the transferee organization, upon the expiration of three business days from impoundment by the animal shelter.

(3) Prior to the expiration of the period described in subsection (c)(2), the transferee organization is the designated caretaker of the animal.

(4) An animal transferred under this subsection remains subject to reclamation by its owner prior to the expiration of the period described in subsection (c)(2).

(d) An animal in the custody of the animal control authority solely for purposes of sterilization, vaccination, or microchipping, is not subject to a mandatory period of impoundment. The animal control authority is the designated caretaker, but not owner, of such animal during any period of custody.

(e) The animal control authority and any rescue organization to which the animal control authority has transferred an impounded animal shall not sell or transfer an impounded animal, with or without consideration, to any person, entity, political subdivision, hospital, educational or commercial institution, laboratory, or animal dealer, whether or not such dealer is licensed by the United States Department of Agriculture or any other state or federal agency, for purposes of medical or biological teaching, research, study, or experimentation of any kind.

(f) Subsections (a) through (e) do not apply to an animal that is a dangerous animal.

(g) For purposes of calculating time periods in this section, the date of initial impound is not counted.

(h) Each day the animal shelter is open to the public for reclamation and adoption is a business day.

(Ord. No. 14,458, § 2, 8-13-20)

(a) Offense.

(1) It shall be unlawful for any person to intentionally or knowingly own or possess a dog or cat that has not been immunized with an anti-rabies vaccine:

a. By 16 weeks of age;

b. Within 12 months of the date the dog or cat received its first vaccination, regardless of the type of vaccine used or the age at which the dog or cat was initially vaccinated; or

c. Either:

1. In the preceding 12 months; or

2. At the recommended interval for booster vaccination as established by the manufacturer for a third or subsequent vaccination.

(b) Presumption. In any prosecution authorized by this section where proof is presented that the animal was not wearing a tag indicating rabies immunization within the preceding 12 months, such animal shall be presumed not to be currently immunized with an anti-rabies vaccine.

(c) Defenses. It shall be an affirmative defense to any prosecution under this section if:

(1) The person accused of the offense presents an official rabies vaccine certificate evidencing that the animal received an anti-rabies vaccine contrary to the alleged offense; or

(2) The animal was less than 16 weeks old on the date of the offense.

(Ord. No. 14,458, § 2, 8-13-20)

(a) Except as otherwise provided in this subsection, any animal reasonably believed to have bitten, scratched or clawed a person shall be quarantined for the subsequent ten days, at the discretion of the rabies control authority. However, currently vaccinated police dogs that bite while in the line of duty shall not be required to be placed in quarantine unless otherwise directed by the rabies control authority.

(b) The owner of such animal shall immediately notify the animal control authority and shall fully cooperate with all reasonable precautionary procedures.

(c) An animal required to be quarantined pursuant to subsection (a) shall be quarantined by either:

(1) A licensed doctor of veterinary medicine of the owner's choice, having facilities within the city limits or within a 20-mile radius therefrom for the quarantining of animals and who agrees to provide the following to the animal control authority:

a. Written documentation that the animal was received;

b. A verbal fifth-day health check of the animal;

c. A written 240th hour/tenth day health check of the animal; and

d. A written release authorization; or

(2) The animal control authority.

(3) In lieu of animal quarantine at the animal shelter or veterinary facility or other quarters, the director may authorize the animal to be retained on the owner's premises if the following requirements are satisfied:

a. The animal was currently vaccinated at the time of the bite;

b. The animal was not "at large" at the time of the bite;

c. When quarantined at home, the animal must be restrained and removed to an area where it will not come in contact with any persons or animals;

d. The animal must be made available to the animal control officer for a periodic inspection between the hours of 7:00 a.m. and 7:00 p.m. during the quarantine period;

e. The owner will observe the animal for any signs of illness or personality changes and report such changes to the director;

f. The animal may not be moved from the known quarantine location without prior written notification and approval of the director;

g. The animal will remain under quarantine until the owner is notified that the final health inspection has been made and that the animal has been cleared by the director. Contact will be made by phone, personal contact, or certified mail;

h. The animal may not receive a vaccination for rabies during the quarantine period; and

1. Failure to comply with all conditions of residence quarantine as stated above or as directed by the animal control officer will result in the animal being impounded at the animal shelter for the duration of the quarantine period.

(d) The expense of such quarantine and any disposition of the animal shall be borne by the owner of such animal, and the city may bring suit to collect such costs.

(e) It shall be unlawful for any person to interfere with the enforcement of this section or to fail or refuse to surrender to an animal control officer or other member of the health department any animal involved or suspected of being involved in a bite case, or to otherwise fail or refuse to provide for the quarantine of animals as may be authorized by this chapter.

(f) If an owner fails or refuses to surrender an animal to an animal control officer for quarantine under this chapter, an animal control officer may apply for a warrant to seize the animal. The officer executing the warrant shall cause the animal to be impounded at the animal shelter.

(g) Any animal quarantined at the city's animal services facility not reclaimed by its owner within 24 hours of the expiration of the quarantine or observation period provided in this chapter, shall become the property of the city and may be offered for adoption or humanely euthanized at the discretion of the director.

(Ord. No. 14,458, § 2, 8-13-20; Ord. No. 15,578, § 11, 10-12-23)

It shall be unlawful for a person to intentionally or knowingly operate or maintain a kennel located within 100 feet of a private residence that the owner or keeper of the kennel has no right to occupy or within 300 feet of any church, school, hospital or public place where food is sold or consumed.

(Ord. No. 14,458, § 2, 8-13-20)

(a) It is an affirmative defense to the prosecution of any violation of any requirement or regulation of this article if the owner or operator of the kennel is a governmental agency.

(b) It is an affirmative defense to the prosecution of any violation of any requirement or regulation of this article if:

(1) All of the dogs kept or maintained at a kennel are owned by the person owning such kennel and have been owned continuously by the kennel owner since a date prior to January 12, 1984;

(2) The kennel owner resides at the location of the kennel and has continuously resided at such location since a date prior to January 12, 1984; and

(3) None of the animals are being kept for purposes of sale to another party.

(c) It is an affirmative defense to the prosecution of any offense under sections 14-96 and 14-126 if the dog is possessed by a person who is fostering a dog from a rescue organization and provides proof thereof.

(Ord. No. 14,458, § 2, 8-13-20)

It shall be unlawful for the owner of a kennel to fail to keep the kennel and the surrounding premises in a sanitary manner. The premises shall be kept reasonably free from sources of insects, vermin and rodent breeding, harborage and infestation. Where insect, rodent or vermin breeding areas, harborage or infestation exist, such areas, harborage or infestation shall be eliminated. The kennel shall be kept free of animal waste and shall be reasonably free of noxious odors emanating therefrom.

(Ord. No. 14,458, § 2, 8-13-20)

It shall be unlawful for a person, intentionally or knowingly, to operate or maintain or allow or permit another to operate or maintain on one's property a kennel, unless a license as required under this division has been applied for and obtained.

(Ord. No. 14,458, § 2, 8-13-20)

A person desiring a kennel license must submit the following information on the application:

(1) The name and address of the owner;

(2) The amount of space available for the keeping of dogs;

(3) The local address and property description of the premises to be used for the purposes of a kennel;

(4) The number of dogs proposed to be kept by the applicant;

(5) Proof that the applicant has a structure suitable for the humane physical restraint of the dogs kept;

(6) Proof that all city taxes have been paid;

(7) Proof that an inspection has been performed by the animal services division or health department for compliance with all requirements of this chapter pertaining to kennels; and

(8) Proof that the kennel is not within 100 feet of a private residence that the owner or keeper of the kennel has no right to occupy or within 300 feet of any church, school, hospital or public place where food is sold or consumed.

(Ord. No. 14,458, § 2, 8-13-20)

The structure required in section 14-127(5) shall meet the following minimum requirements:

(1) Enclosures must be provided which shall allow adequate protection against weather extremes. Floors of buildings, runs and walls shall be of an impervious material to permit proper cleaning and disinfecting;

(2) The building temperature shall be maintained at a comfortable level. Adequate ventilation shall be maintained;

(3) Each animal shall have sufficient space to stand up, lie down and turn around in a natural position without touching the sides or top of a cage;

(4) Cages are to be of material and construction that permit cleaning and sanitizing;

(5) Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding;

(6) Runs shall have an impervious surface with an adequate area for exercise and protection from the weather;

(7) All animal quarters and runs are to be kept clean, dry and in a sanitary condition;

(8) The food shall be free from contamination and shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal; and

(9) All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and shall be of the removable type.

(Ord. No. 14,458, § 2, 8-13-20)

The restrictions in section 14-96 as to distance from a private residence that the owner has no right to occupy and from a church, school, hospital or public place where food is sold or consumed shall not apply to any applicant for a kennel license if:

(1) The structure being used meets all other minimum requirements set forth in this division for the issuance of a kennel license; and

(2) The structure being used was being used as a kennel, as defined in this chapter, on January 12, 1984.

(Ord. No. 14,458, § 2, 8-13-20)

Upon submission of the information required in this division, approval by the director and payment of the annual kennel license fee established in section 14-173, a kennel license shall be issued to the applicant.

(Ord. No. 14,458, § 2, 8-13-20)

A kennel license shall expire on December 31 each year. A renewal kennel license shall be issued upon payment of the appropriate annual license fee established in section 14-173 and after inspection and approval of the premises by the director. There shall be no proration of fees under this division.

(Ord. No. 14,458, § 2, 8-13-20)

It shall be unlawful for the owner of a kennel to intentionally or knowingly fail to post the kennel license in a prominent place in the kennel at all times.

(Ord. No. 14,458, § 2, 8-13-20)

A kennel license may be suspended by the director or chief of police for any of the following reasons:

(1) Violation of any of the laws of the state, federal or city government or commission of an offense as defined by this chapter;

(2) Failure to post the kennel license in a prominent place on the premises of the kennel; or

(3) Failure to keep the premises in a safe and sanitary condition.

(Ord. No. 14,458, § 2, 8-13-20)

(a) Any person shall have the right to appeal the decision to deny issuance or renewal of a kennel license of the animal control authority to the city manager by making written request to the city clerk. Such request must be filed with the city clerk within 15 days after such person has been notified of the decision of the animal control authority.

(b) No person shall have any right to appeal for relief to any court in regard to any matter covered by this article until after such person has exhausted the appeal procedure provided for in this section.

(c) No person shall have any right to appeal for relief to any court in regard to any matter covered by this article until after such person has exhausted the appeal procedure provided for in this section.

(Ord. No. 14,458, § 2, 8-13-20)

(a) Any person over the age of 18 years may file a complaint with the animal control authority alleging:

(1) A dog is a dangerous dog as defined in section 14-1; or

(2) A previously declared dangerous dog has committed an unprovoked attack on a person or animal outside a secure enclosure.

(b) To be considered valid, a sworn, written complaint shall contain at least the following information:

(1) Name, address and telephone number of complainant(s) and other witnesses;

(2) A description of the animal and the address where it resides, and, if known, the name and telephone number of the owner of the animal;

(3) A statement describing the facts upon which the complaint is based, including:

a. A description of the incident or incidents which cause the complainant to believe that:

1. The animal is a dangerous dog; or

2. The previously declared dangerous dog has committed an unprovoked attack of another person or animal outside a secure enclosure;

b. The date, time and location of the incident;

c. A description of the injuries sustained and whether medical assistance was sought and the outcome of that treatment; and

(4) Any other facts that the complainant believes to be important.

(Ord. No. 14,916, § 3, 10-28-21)

(a) The animal control authority shall conduct an investigation upon:

(1) Receipt of either:

a. A complaint pursuant to section 14-150; or

b. Notice from the owner of a dangerous dog pursuant to section 14-155(d); or

(2) Becoming aware of:

a. An incident which may render a dog dangerous;

b. An incident in which a previously declared dangerous dog has attacked another person or animal outside a secure enclosure; or

c. A failure by the owner of a previously declared dangerous dog to comply with section 14-155.

(b) If, after an investigation, the animal control authority believes:

(1) The dog is a dangerous dog;

(2) The previously declared dangerous dog has attacked another person or animal outside a secure enclosure; or

(3) The owner of the previously declared dangerous dog has failed to comply with section 14-155, the animal control authority shall provide notice to the owner of that fact and report the incident to the municipal court.

(c) In making a determination under subsection (b)(1) or (b)(2) of this section, the animal control authority shall find that (i) a dog is not a dangerous dog or (ii) a previously declared dangerous dog did not commit an unprovoked attack if:

(1) The threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the dog;

(2) The person was teasing, tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused, or assaulted the dog;

(3) The person was committing or attempting to commit a crime;

(4) The dog attacked or killed was at the time teasing, tormenting, abusing or attacking the dog subject to the investigation;

(5) The dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault; or

(6) The dog was injured and responding to pain.

(Ord. No. 14,916, § 3, 10-28-21)

(a) Within 24 hours of being notified by the animal control authority that an incident has been reported to municipal court, the owner of the dog shall deliver the dog to the animal control authority. The animal control authority shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog.

(b) If the owner fails to deliver the dog as required by subsection (a) of this section, the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The animal control authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog.

(c) If the animal that is the subject of the hearing was already impounded for being an animal at large, was seized or quarantined pursuant to this chapter, or was abandoned at the animal services facility, the animal shall remain impounded until the conclusion of the hearing.

(d) The owner shall pay any costs incurred in seizing, impounding and boarding the dog.

(Ord. No. 14,916, § 3, 10-28-21)

(a) The court, on receiving a report pursuant to section 14-151(b), the municipal court shall set a time for a hearing to determine whether:

(1) The dog is a dangerous dog; or

(2) The previously declared dangerous dog:

a. Committed an unprovoked attack on a person or animal outside a secure enclosure; or

b. Is in compliance with sections 14-154 and 14-155.

The hearing must be held not later than the tenth day after (i) the date on which the dog is seized or delivered pursuant to section 14-152 or (ii) after the notice required in section 14-151(b) is received, whichever is later.

(b) The court shall give written notice of the time and place of the hearing to:

(1) The owner of the dog or the person from whom the dog was seized; and

(2) The person who made the complaint.

(c) Any interested party, including the city attorney, is entitled to present evidence at the hearing.

(d) The court shall determine, after notice and hearing as provided in this section,

(1) Whether the dog is a dangerous dog; or

(2) If previously declared a dangerous dog:

a. Committed an unprovoked attack on a person or animal outside a secure enclosure; or

b. Is in compliance with sections 14-154 and 14-155.

(e) The court shall order the animal control authority to continue to impound the dog in secure and humane conditions until the court orders disposition of the dog and the dog is returned to the owner or destroyed.

(f) The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs.

(g) If the court determines that a dog is a dangerous dog, the municipal court shall:

(1) Order the owner:

a. To comply with section 14-154 within 30 calendar days of the court's order; and

b. If the owner has failed to comply with section 14-154 within 30 calendar days, to appear in municipal court at the date and time specified in the municipal court order for a hearing to show good cause as to why the owner failed to comply with section 14-154 within ten calendar days of the court's order and why the dog should not be surrendered for euthanasia to an animal control officer in accordance with subsection (g)(2) of this section; or

(2) Order the owner to surrender the dog for euthanasia to an animal control officer or a veterinarian, as approved by the animal control officer, within 24 hours of the owner learning that the dog is dangerous or upon quarantine clearance, whichever is later.

(h) An owner or person filing the action may appeal the decision of the municipal court in the manner provided for the appeal in compliance with state law.

(i) An order of the municipal court requiring the dangerous dog to be euthanized shall be stayed for ten calendar days from the date of the order and throughout the pendency of any appeal.

(j) The owner shall pay all costs and fees assessed by the city related to the seizure, acceptance, impoundment or destruction of the dog.

(Ord. No. 14,916, § 3, 10-28-21; Ord. No. 15,578, § 12, 10-12-23)

(a) Prior to redeeming from the animal control authority a dog determined to be dangerous by the municipal court, the owner of the dangerous dog must:

(1) Register the dangerous dog with the animal control authority in accordance with section 14-155;

(2) Obtain liability insurance coverage or show financial responsibility in an amount of at least $300,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person or animal and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority;

(3) Furnish proof of microchipping of the dangerous dog to the city at the animal shelter on a form furnished by the city, provide the alphanumeric combination code contained in the microchip to the animal control authority, and make available the dog at the animal shelter for scanning so the city can verify the code;

(4) Pay any cost or fee assessed by the city or the court related to the seizure, acceptance, or impoundment of the dog; and

(5) Comply with all applicable regulations, requirements, or restrictions on dangerous dogs, including, but not limited to, any imposed by the municipal court or any other court of competent jurisdiction.

(b) The owner of a dangerous dog must:

(1) Restrain the dangerous dog at all times on a leash in the immediate control of a person at least 18 years of age or in a secure enclosure; and

(2) Secure the dangerous dog with a muzzle in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous dog is taken off the property of the owner for any reason.

(Ord. No. 14,916, § 3, 10-28-21)

(a) The owner of a dangerous dog, after a determination by the municipal court under section 14-153, shall within ten calendar days of the court's dangerous dog order and each year on or before the anniversary date of such order:

(1) Present proof of:

a. Liability insurance or financial responsibility, as required by section 14-154;

b. Current rabies vaccination of the dangerous dog; and

c. The secure enclosure in which the dangerous dog will be kept; and

(2) Pay an annual registration fee of $100.00.

(b) After receipt of the information and payment required in subsection (a) of this section, the animal control authority shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog's collar, which collar must be worn by the dangerous dog at all times.

(c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee of $25.00, the animal control authority shall issue a new registration tag to be placed on the dangerous dog's collar.

(d) An owner of a registered dangerous dog shall notify the animal control authority of any attacks the dangerous dog makes on a person or animal outside a secure enclosure within 24 hours of the incident and shall deliver the dog to the animal control authority.

(e) An owner of a dangerous dog shall notify the animal control authority when the dangerous dog dies.

(f) If, on application of any person, a court finds, after notice and hearing as provided by section 14-153, that the owner of a dangerous dog has failed to comply with subsection (a) or (b), the municipal court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The animal control authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.

(g) The owner shall pay all costs and fees assessed by the city related to the seizure, acceptance, impoundment, or destruction of the dog.

(Ord. No. 14,916, § 3, 10-28-21; Ord. No. 15,578, § 13, 10-12-23)

(a) A person commits an offense if the person is the owner of a dog determined by the court to be a dangerous dog and the dangerous dog makes an unprovoked attack on another person or animal outside the dangerous dog's enclosure and causes bodily injury to the other person or animal.

(b) It shall be a violation of this division for any person to refuse or fail to surrender a dog subject to this division, or harbor, hide or secretly transport or secure the transport of a dog subject to this division, for the purpose of preventing its impoundment.

(c) It is a violation of this division if an owner or other person harbors, keeps, or maintains a dangerous dog in the city unless the owner complies with the requirements of this division.

(d) It is a violation of this division if an owner or other person harbors, keeps, maintains in the city, or brings to the city, a dog that has been declared dangerous outside of the city under one or more of the following:

(1) V.T.C.A., Health and Safety Code ch. 822;

(2) A local law or ordinance adopted in accordance with V.T.C.A., Health and Safety Code ch. 822; or

(3) A statute or ordinance that is substantially similar to V.T.C.A., Health and Safety Code ch. 822 and that was adopted by a political subdivision outside of the state.

(e) Except as otherwise provided by law, an offense under this section is a Class C misdemeanor.

(f) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person listed in V.T.C.A., Health and Safety Code § 822.004.

(Ord. No. 14,916, § 3, 10-28-21)

(a) It is a defense to prosecution under section 14-156 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position.

(b) It is a defense to prosecution under section 14-156 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes.

(c) It is a defense to prosecution under section 14-156 that the person is a dog trainer or an employee of a guard dog company under V.T.C.A., Occupations Code ch. 1702.

(Ord. No. 14,916, § 3, 10-28-21)

(a) Any person over the age of 18 years may file a complaint with the animal control authority alleging a dog is an aggressive dog as defined in section 14-1.

(b) To be considered valid, a sworn, written complaint shall contain at least the following information:

(1) Name, address and telephone number of complainant(s) and other witnesses;

(2) A description of the animal and the address where it resides, and, if known, the name and telephone number of the owner of the animal;

(3) A statement describing the facts upon which the complaint is based, including a description of the incident or incidents which cause the complainant to believe that the dog is an aggressive dog;

(4) Any other facts that the complainant believes to be important.

(Ord. No. 14,916, § 3, 10-28-21; Ord. No. 15,578, § 15, 10-12-23)

(a) The animal control authority shall conduct an investigation upon receipt of a complaint pursuant to section 14-161 or becoming aware of an incident which may render a dog an aggressive dog.

(b) If, after an investigation, the animal control authority believes the dog is an aggressive dog, the animal control authority shall provide notice to the owner of that fact and report the incident to the municipal court.

(c) In making a determination under subsection (b) of this section, the animal control authority shall find that a dog is not an aggressive dog if:

(1) The threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the dog;

(2) The person was teasing, tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused, or assaulted the dog;

(3) The person was committing or attempting to commit a crime;

(4) The dog attacked or killed was at the time teasing, tormenting, abusing or attacking the alleged aggressive dog;

(5) The dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault; or

(6) The dog was injured and responding to pain.

(Ord. No. 14,916, § 3, 10-28-21; Ord. No. 15,578, § 16, 10-12-23)

(a) The court, on receiving a report pursuant to section 14-162(b), the municipal court shall set a time for a hearing to determine whether the dog is an aggressive dog. The hearing must be held not later than the tenth day after the notice required in section l4-162(b) is received, whichever is later.

(b) The court shall give written notice of the time and place of the hearing to:

(1) The owner of the dog or the person from whom the dog was seized; and

(2) The person who made the complaint.

(c) Any interested party, including the city attorney, is entitled to present evidence at the hearing.

(d) The court shall determine, after notice and hearing as provided in this section, whether the dog is an aggressive dog.

(e) If the court determines that a dog is an aggressive dog, the municipal court shall:

(1) Order the owner:

a. To comply with section 14-164 within ten calendar days of the court's order; and

b. If the owner has not complied with section 14-164 within such ten-day period,

1. To deliver the dog to the animal control authority on the 11th calendar day of the court's order, after which the animal control authority shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog;

2. To appear in municipal court at the date and time specified in the municipal court order for a hearing to show good cause as to why the owner failed to timely comply and why the dog should not be permanently surrendered to an animal control officer; and

3. After a hearing specified in subsection (e)(1)b.2 of this section:

(i) To permanently surrender the dog to an animal control officer; or

(ii) To provide additional time to comply with section 14-164; or

(2) Order the owner to remove the dog from the city within 24 hours of the owner learning that the dog is an aggressive dog.

(f) If the owner fails to deliver the dog as required by subsection (e)(1) of this section, the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The animal control authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog.

(g) An owner or person filing the action may appeal the decision of the municipal court in the manner provided for the appeal in compliance with state law.

(h) An aggressive dog permanently surrendered to an animal control officer shall not be euthanized until at least ten calendar days have elapsed from the date of the municipal court's surrender order and throughout the pendency of any appeal.

(i) The owner shall pay all costs and fees assessed by the city related to the seizure, acceptance, impoundment or destruction of the dog.

(Ord. No. 14,916, § 3, 10-28-21; Ord. No. 15,578, § 17, 10-12-23)

The owner of the aggressive dog must:

(1) Register the aggressive dog with the animal control authority in accordance with section 14-165;

(2) Restrain the aggressive dog at all times on a leash in the immediate control of a person at least 18 years of age or in a secure enclosure;

(3) Furnish proof of microchipping of the aggressive dog to the city at the animal shelter on a form furnished by the city, provide the alphanumeric combination code contained in the microchip to the animal control authority, and make available the dog at the animal shelter for scanning so the city can verify the code; and

(4) Comply with all applicable regulations, requirements, or restrictions on aggressive dogs, including, but not limited to, any imposed by the municipal court or any other court of competent jurisdiction.

(Ord. No. 14,916, § 3, 10-28-21; Ord. No. 15,578, § 18, 10-12-23)

(a) The owner of an aggressive dog, after a determination by the municipal court under section 14-163, shall each year on or before the anniversary date of the municipal court aggressive dog order:

(1) Present proof of:

a. Current rabies vaccination of the aggressive dog; and

b. The secure enclosure in which the aggressive dog will be kept; and

(2) Pay an annual registration fee of $100.00.

(b) The animal control authority shall provide to the owner registering an aggressive dog a registration tag. The owner must place the tag on the dog's collar, which collar must be worn by the aggressive dog at all times.

(c) If an owner of a registered aggressive dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority. On presentation by the current owner of the aggressive dog's prior registration tag and payment of a fee of $25.00, the animal control authority shall issue a new registration tag to be placed on the aggressive dog's collar.

(d) An owner of a registered aggressive dog shall notify the animal control authority of any attacks the aggressive dog makes on a person or animal outside a secure enclosure within 24 hours of the incident and shall deliver the dog to the animal control authority for proceedings under division 1 of this article.

(e) An owner of a registered aggressive dog shall notify the animal control authority when the aggressive dog dies.

(f) If the animal control authority finds that the owner of an aggressive dog has failed to comply with this section, the animal control authority may, if appropriate, proceed to have the dog declared a dangerous dog pursuant to division 1 of this article.

(Ord. No. 14,916, § 3, 10-28-21; Ord. No. 15,578, § 19, 10-12-23)

(a) A person commits an offense if the owner's aggressive dog makes an unprovoked attack on a person or another animal outside the aggressive dog's enclosure and causes bodily injury to a person or another animal.

(b) It shall be a violation of this division for any person to refuse or fail to surrender an aggressive dog subject to this division, or harbor, hide or secretly transport or secure the transport of a dog subject to this division for the purpose of preventing its impoundment.

(c) It is a violation of this division if an owner or other person harbors, keeps, or maintains an aggressive dog in the city unless the owner complies with the requirements of this division.

(d) An offense under this section is a class C misdemeanor.

(Ord. No. 14,916, § 3, 10-28-21; Ord. No. 15,578, § 20, 10-12-23)

(a) It is a defense to prosecution under section 14-166 that the person is a veterinarian , a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position.

(b) It is a defense to prosecution under section 14-166 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes.

(c) It is a defense to prosecution under section 14-166 that the person is a dog trainer or an employee of a guard dog company under V.T.C.A., Occupations Code ch. 1702.

(Ord. No. 14,916, § 3, 10-28-21)

The director shall be responsible for collecting all fees established and levied in accordance with this chapter. The director shall have the authority to refund, waive or modify fees under this chapter. Any refund, waiver, or modification of fees shall be documented by the director.

(Ord. No. 14,458, § 2, 8-13-20)

(a) The director may waive a fee assessed against an owner reclaiming an impounded animal if:

(1) The animal control authority intends to destroy the animal;

(2) The owner presents a written statement of inability to pay; or

(3) The animal is sterile or the owner agrees to sterilize the animal.

(b) The director shall not assess a fee to a rescue organization for accepting the transfer of an impounded animal.

(c) The director may implement fee-waived adoption promotions.

(Ord. No. 14,458, § 2, 8-13-20)

(a) The following shall be the fees charged as poundage and boarding for the impoundment of animals as provided in this chapter:

(1) For taking up and impounding, per head:

a. Household pets, such as dogs, cats and other small animals: $25.00.

b. Livestock: $100.00.

(2) For the boarding of animals, per head, per day:

a. Household pets, such as dogs, cats and other small animals: $5.00.

b. Livestock: $25.00.

(b) The charges specified in subsection (a)(1) of this section shall be:

(1) Doubled should any animal be impounded on two different occasions within any consecutive 12-month period; and

(2) Tripled should any animal be impounded on three or more different occasions within any consecutive 12-month period.

(Ord. No. 14,458, § 2, 8-13-20)

The annual kennel license fee shall be submitted with the application. The annual kennel license fee shall be determined as follows:

(1) Fewer than 11 dogs: $100.00.

(2) Eleven to 19 dogs: $150.00.

(3) Twenty or more dogs: $200.00.

(Ord. No. 14,458, § 2, 8-13-20; Ord. No. 15,578, § 21, 10-12-23)

The following fees are established for animal adoptions from the city's animal services facility:

(1) If the animal is already spayed or neutered: $50.00.

(2) If the animal is not already spayed or neutered: $25.00.

(3) Animals, other than dogs or cats, that are allowed to be owned or possessed within the city: $25.00.

(Ord. No. 14,458, § 2, 8-13-20)

The following fee is established for animal microchipping from the city's animal control facility:

Microchip: $10.00.

(Ord. No. 14,458, § 2, 8-13-20)

The following fees are established for animals quarantined at the city's animal control facility:

(1) Quarantine fee: $50.00.

(2) Daily boarding, care, and feeding: $10.00 per day.

(Ord. No. 15,578, § 22, 10-12-23)

The owner or keeper of any animal in the city is responsible for the behavior and conduct of that animal at all times, including the creation of a nuisance. Violations of the following acts or omissions are nuisances:

(1) The owner shall keep the animal indoors, in a secure enclosure, or (except for cats) restrained at all times and ensure that the animal (except cats) does not roam or run unrestrained;

(2) The owner shall not allow animals being held on their property to create a noise disturbance in such a manner, to annoy, distress or disturb any person within the vicinity of hearing thereof. For the purpose of this chapter, an animal noise nuisance shall be defined as a minimum of two separate recorded noise events over a period of 24 hours where the animal can be heard continuously for a ten-minute period, in a public place or in or near a private residence that the owner of said animal has no right to occupy;

(3) The owner shall prevent his or her animal from biting or injuring, without provocation, any animal or person;

(4) The owner shall prevent his or her animal from molesting any passerby;

(5) The owner shall prevent his or her animal from damaging or destroying public property or property other than its owner's private property;

(6) An owner creates an animal nuisance by the keeping, frequent feeding or harboring of any venomous or inherently dangerous or prohibited animal; or

(7) The owner of an outdoor cat or community cat caregiver shall take all steps necessary to prevent a wildlife or pest feeding nuisance. The owner of an outdoor cat or caretaker of a cat colony shall be responsible for the outdoor cat(s) under his or her care, possession, control or custody and ensure the following:

a. Feed species-specific food in a feeding dish that is non-disposable and facilitates the removal of uneaten food;

b. Do not provide food that is left outside in a "free feed" environment; or

c. Do not feed in excess.

(Ord. No. 15,578, § 23, 10-12-23)

(a) An animal owner commits a misdemeanor offense if by act, omission or possession he creates an animal nuisance as described in section 14-178 of this article.

(b) The following presumptions are hereby declared applicable in the prosecution of an offense pursuant to subsection (a):

(1) The fact that an animal in question has bitten or injured another animal or human being during the previous 18 months shall give rise to the presumption that the animal in question bites or injures other animals without provocation;

(2) The fact that an animal in question has damaged or destroyed public or private property during the last 12 months shall give rise to the presumption that the animal has a propensity to destroy property.

(Ord. No. 15,578, § 23, 10-12-23)

Animal control officers shall have the power to impound animals which create an animal nuisance for the purpose of abating the nuisance as follows:

(1) On public property, in all cases;

(2) On private property, if:

a. The consent of the resident or property owner is obtained;

b. The officer reasonably believes there is immediate and imminent danger or peril to the public if the animal in question is not impounded; or

c. Authorized by appropriate courts of law.

(Ord. No. 15,578, § 23, 10-12-23)

(a) A community cat that has been impounded and that has already been ear-tipped shall be returned immediately to the location at which it was found, unless deemed a nuisance by the animal services division.

(b) Community cats shall not be exempt from the provisions of statute or this article applicable to the prohibition on cruelty to animals; provided, however, the return of a community cat to the location at which it was found or humanely trapped, subsequent to sterilization, vaccination and ear-tipping, shall not be considered abandonment under any statute or other provision of this article.

(c) Community cats, being unowned as defined herein, shall not be subject to provisions of this article applicable to owned animals.

(d) Community cats shall be eligible for return to the location at which they were found prior to any stray hold provision imposed by statute or other provision of this article, so long as the community cat is sterilized, ear-tipped and vaccinated for rabies prior to return to that location, unless the cat has been deemed a nuisance by the animal services division.

(Ord. No. 15,578, § 24, 10-12-23)

Upon a finding by the animal services division that a community cat has become an animal nuisance, as described in section 14-178 of this chapter, the following shall apply:

(1) First occurrence of behavior deemed a nuisance by the animal services division, the community cat will be microchipped and returned to the same community cat colony;

(2) Second occurrence of behavior deemed a nuisance by the animal services division, the community cat will be relocated to a different community cat colony or location;

(3) Third and subsequent occurrences of behavior deemed a nuisance by the animal services division, the animal services division may relocate the community cat to another cat colony or location or humanely euthanize the community cat at the discretion of the director.

(Ord. No. 15,578, § 24, 10-12-23)

(a) All outdoor cats within the city must be sterilized. An owner of an outdoor cat commits an offense if the cat is not spayed or neutered.

(b) It is a defense to prosecution under subsection (1) that:

(1) The cat is under four months of age;

(2) A licensed veterinarian annually certifies that the cat should not be spayed or neutered for health reasons or is permanently non-fertile;

(3) The cat is being held for adoption by animal services or an animal welfare organization;

(4) The cat is certified annually as a competition cat; or

(5) The person charged produces to the court proof of sterilization from a licensed veterinarian showing the cat was sterilized at the time the citation was issued or not later than 20 days after the citation was issued.

(Ord. No. 15,578, § 24, 10-12-23)

(a) It shall be unlawful for any person to feed, or place food of any kind with the intent to feed stray animals—including stray cats or community cats; notwithstanding item (c)(4) of this section.

(b) It shall be unlawful for any person to leave, store or maintain food of any kind in a manner or area accessible to stray animals—including stray or community cats,

(c) This section shall not apply to:

(1) Animal control officers or police officers during the course of their official duties;

(2) Approved zoological parks performing animal exhibitions or licensed circuses; primary and secondary schools, colleges and universities or zoological parks owned or operated by a governmental entity, provided that any such wildlife is kept in a secure manner and in accordance with all other city ordinances and state laws;

(3) Any person who is using food as an attractant to live trap a wild animal or a stray animal in a legally authorized and permitted manner;

(4) An authorized community cat caregiver feeding community cats, or using food as an attractant to trap cats, as part of a trap-neuter-return program.

(Ord. No. 15,578, § 24, 10-12-23)