Ord 58-2024 Amend Ch. 14 Animals 11/05/2024 Ordinance No. 58-2024
Ordinance amending Chapter 14, Animals, in specific sections, and
providing for codification
WHEREAS, the Health District is the Regulatory Authority for the City of Wichita
Falls; and,
WHEREAS, the Health District recommends revision of the existing Animal
Ordinance to promote and protect the health and safety of all animals and citizens; and,
WHEREAS, the City Council of the City of Wichita Falls desires to adopt an Animal
ordinance that promotes and protects the health and safety of all animals and citizens in
the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . Chapter 14, Animals, of the Code of Ordinances of the City of Wichita Falls is
hereby amended in specific sections to read as follows:
ARTICLE I
IN GENERAL1
§ 14-1. Definitions.
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:
Abuse. To mistreat through intent or neglect any animal, fowl, livestock, or wildlife in
a manner that causes or is likely to cause stress or physical injury, as provided in
Texas Penal Code §42.092, or as otherwise stated in this chapter.
Animal. Any living organism of the Kingdom Animalia that breathes and feeds on
organic material. When used in this chapter the term "animal" includes, but is not
limited to, dogs, cats, livestock, fowl, vertebrates, fish, and hermit crabs.
Animal care officer (ACO). An employee of the City of Wichita Falls, Texas, who is
authorized to enforce all state laws and city ordinances as they pertain to animals.
Animal clinic. Any private or public facility, either non-profit or for hire, that provides
veterinary services such as vaccinations and spay/neuter services for dogs and
cats.
Animal foster home. Any residence that is registered with a rescue for the purpose
of temporarily housing domestic animals in need of adoption into a permanent
household. The foster home must be inspected and approved by the rescue group
and may be subject to inspection by Animal Services Center staff at any time.
Animal foster home caregiver. A person who harbors fostered animals through an
ASC approved rescue group.
Animal services center (ASC). The Wichita Falls Animal Services Center or other
facility designated by the city council as the municipal animal shelter to be used for
the housing of any animal impounded by an animal care officer or any employee of
the ASC.
At-large. Any animal, including fowl or livestock, not restrained by some physical
means to the premises of its owner or harborer/caretaker. An animal shall not be
considered at-large when held and controlled by some person by means of a leash
or chain of proper strength and length to control the actions of the animal, fowl or
livestock. An animal shall not be considered at-large when participating in a show,
competition, or training program. A licensed cat meeting the requirements in section
14-297 or a cat harbored as a member cat of a registered cat colony or a non-
member feral cat shall not be considered at-large unless they are creating a public
nuisance or unaltered.
Authorized veterinary clinic. A clinic that has been pre-approved by the health district
to offer for sale animal license tags to their clients.
Cat colony location. The location at which a feral cat caregiver provides food, water,
or shelter to feral cats in compliance with the cat colony guidelines herein.
Circus. A commercial variety show featuring animal acts for the public.
Commercial animal establishment. Any pet store, petting zoo, grooming business,
riding school, stable, zoological park, circus, performing animal exhibition, or kennel.
Cruelly treated. Includes tortured; seriously overworked; abandoned; deprived of
adequate food water, care, or shelter; cruelly confined; or caused to fight with
another animal.
Curtilage. Any land or building immediately adjacent to a dwelling that is directly and
intimately connected with the habitation.
Dangerous animal. An animal other than a dog that the director determines to be a
danger to human life, health, or safety.
Dangerous dog. A dog that makes an unprovoked attack on a person or animal that
causes bodily injury and occurs in a place other than the enclosure in which the dog
is normally kept or was being kept or commits unprovoked acts in a place other than
the enclosure in which the dog is normally kept or was being kept, and those acts
cause a person to reasonably believe that the dog will attack and cause bodily injury
to that person or to another animal.
Director. The health director of the Wichita Falls-Wichita County Health District or his
or her designee.
Distance between structures. A straight line from the nearest point of the shed,
stable, barn, pen, enclosure, fence, or area in which the animal is contained to the
nearest point of such actual residence or building used for human habitation.
Ear tipping. The surgical removal of a quarter-inch from the top of a feral cat's
left (or occasionally right)ear by a licensed veterinarian while the cat is anesthetized
for spaying/neutering for the purpose of identifying a feral cat as having been
evaluated, vaccinated, and spayed/neutered.
Enclosure. An area sectioned off by a fence or wall secured on all sides to
prevent escape.
Equine. Any animal in the horse family, including but not limited to horses,
donkeys, and zebras.
Feral cat. Any cat that is not socialized towards humans, is born in the wild, or is a
formerly owned cat that has been abandoned, or a cat that lives in the community
that is not owned by humans, and is sometimes referred to as a free-roaming or
street cat.
Feral cat caregiver. A person who harbors feral cats in compliance with the permitted
feral cat management guidelines contained herein.
First offender. A person that has received a citation for an animal related offense
occurring in the city limits of Wichita Falls for the first time.
Fostered animal. An animal residing in a foster home registered and approved by an
ASC approved rescue group until its adoption into a permanent household.
Fowl. Includes chickens, turkeys, pheasants, quail, guineas, geese, ducks, peafowl,
and other domestic feathered creatures regardless of age or sex, except parakeets,
canaries, or similar small-size birds, or any exotic birds, such as parrots, provided
they are continuously confined within the residence or business of the
owner/harborer.
Grooming. The hygienic care and cleaning of an animal, which includes but is not
limited to keeping a dog or cat's nails trimmed to an appropriate length and keeping
hair and fur free of mats and burrs. Hair shall be maintained in a manner allowing
the animal to have a clear line of sight.
Grooming business. A commercial business establishment including a mobile
grooming unit where animals, for a fee, are bathed, clipped, or combed to enhance
their aesthetic value, health, or both.
Harbor. To provide any animal, fowl, livestock, or wildlife with food,
water, or shelter.
Impoundment. To take an animal into custody by a City of Wichita Falls ACO or
other employee of the ASC. Impoundment begins at the time any ACO or employee
of the ASC takes control of the animal.
In season. During the stage of estrus or heat.
Kennel. Any lot, building, structure, enclosure, or premises used for commercial
purposes wherein one or more dogs and/or cats, 16 weeks of age or older, are kept
or maintained for profit, including animal daycare facilities and veterinary
clinics/hospitals.
Livestock. A domestic animal generally used or raised on a farm for profit or use,
including but not limited to bovine, equine, sheep, goats, swine, or any other animal
defined as livestock by the state agriculture code, whether commonly domesticated
or not.
Livestock production area. Any parcel of land within the city limits in excess of 25
acres that is used to raise livestock.
LRCA. Local rabies control authority.
Member cat. A feral cat that is part of a permitted feral cat colony.
Microchip. An identifying integrated circuit device placed under the skin of an animal
and containing information regarding that animal, including the identity and address
of the owner, which can be read with a scanner capable of reading information from
identifying integrated circuit devices.
Neutered. Any male animal rendered incapable of breeding by castration.
Official notice. Written notice delivered in person by an ACO or sent by certified mail,
return receipt requested, addressed to the last known address of the recipient by
either an ACO or an ASC designee.
Owner. A person who owns, keeps, shelters, maintains, feeds, harbors, or has
temporary or permanent custody of a domestic or prohibited animal, or who
knowingly permits a domestic or prohibited animal to remain on or about any
premises over which that person has control. The term shall include a person who
harbored, fed, or sheltered the animal for seven (7) consecutive days or more.
Performing animal. Any animal which is used at, or for the purpose of any
entertainment to which the public are admitted.
Performing animal exhibition. Any spectacle, display, act, or events other than
rodeos in which animals, fowl, livestock, or wildlife perform.
Permitted feral cat colony. Five or more feral cats that live together in one territory,
often near food sources and shelter, under the supervision of a particular feral cat
caregiver in compliance with the permitted feral cat management guidelines
contained herein.
Pet store. Any person, partnership, company, or corporation, whether operated
separately or in connection with another business enterprise, that buys or sells any
species of animal.
Petting zoo. A collection of animals for people to pet and feed.
Potbellied pig. A Vietnamese potbellied pig. Under no circumstances shall any
swine be considered a potbellied pig if its weight exceeds 125 lbs.
Private animal shelter. An establishment that provides a temporary home for dogs,
cats, and other animals that are offered for adoption or rescue. Municipal shelters are
excluded from this definition.
Prohibited animal.
(1) Any wild or exotic animal or any animal not normally born and raised in
captivity including, but not limited to the following:
a. Reptiles: venomous lizards, venomous snakes, crocodiles, alligators,
caimans, and gharial;
b. Mammals:
1. Felines (such as lions, tigers, bobcats, jaguars, leopards, and
cougars), except commonly domesticated cats;
2. Canines (such as wolves, dingos, coyotes, foxes, jackals, and
any hybrid of a canine), except commonly domesticated dogs;
3. Mustelids (such as weasels, skunks, martins, minks, badgers,
and otters) except ferrets;
4. Procyonids (such as raccoons and coati);
5. Bears;
6. Marsupials (such as kangaroos, opossums, koala bears,
wallabies, bandicoots, and wombats);
7. Bats;
8. Sloths, anteaters, armadillo, and related species;
9. Elephants;
10. Primates (such as monkeys, chimpanzees, orangutans, and
gorillas);
11. Rodents (such as beavers and porcupines), except commonly
domesticated rodents kept as pets including hamsters, gerbils,
guinea pigs, rats, mice, and chinchillas;
c. Amphibians: Poisonous frogs.
(2) Does not include nonpoisonous reptiles or nonpoisonous amphibians.
(3) Does not include livestock, fowl, or normal household pets such as, but not
limited to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils,
rabbits, fish, or small nonpoisonous reptiles, snakes, or amphibians.
Public nuisance. Any action or condition that has the potential to affect the health,
safety, or welfare of the public, including the following:
(1) Any animal, fowl, or livestock that molests, chases, or attacks passersby
or passing vehicles;
(2) Any animal, fowl, or livestock that molests, chases, or attacks other
animals;
(3) Any animal, fowl, or livestock that trespasses on school grounds;
(4) Any animal, fowl, or livestock that is repeatedly at-large (i.e., two (2)
or more times per 36-month period) while being owned/harbored by the
same person;
(5) Any animal, fowl, or livestock that damages or defiles private or public
property;
(6) Any animal, fowl, or livestock that barks, whines, howls, crows, or
makes other noise in an excessive or continuous fashion;
(7) Any dog or cat that is unconfined in season;
(8) Any animal, fowl, or livestock that has been deemed a dangerous animal
and not confined as required by this chapter;
(9) Fecal matter, garbage, or other organic wastes deposited, stored,
discharged, or exposed in such a way as to be a potential instrument or
medium in disease transmission;
(10) A condition or place that is a breeding ground for flies;
(11) A collection of water in which mosquitoes are breeding;
(12) A place or condition harboring rats;
(13) An object, place, or condition that is a potential medium of disease
transmission to humans;
(14) Any animal, fowl, or livestock which damages, soils, defiles, urinates, or
defecates on private property other than the owners;
(15) Providing food or water to a feral cat that is not associated with a
permitted cat colony or a nonmember feral cat;
(16) A place or condition that has the potential to produce obnoxious or foul
odors.
Rabies. An acute viral disease of dogs, humans, and other mammals affecting the
central nervous system usually transmitted through the saliva of an infected animal
by a bite or scratch.
Rescue group. An organization approved by the director or his or her designee
whose mission is to take unwanted, abandoned, abused, or stray animals and
attempt to find them suitable homes.
Residence. Any place of human habitation at any time, day, or night, including but
not limited to any residence, church, school, convalescent center, or nursing home.
Responsible pet owner program. The program conducted by ASC staff to provide
education on animal- related city ordinances and state laws.
Restrained. Any animal secured by a leash or lead held by the owner or responsible
party or physically confined within the property limits of its owner. Physical
confinement must be appropriate in height and strength to confine the animal(s) on
the property. Invisible fencing, remote control collars, and voice commands are not
recognized as proper restraints for animals.
Riding school and stable. Any place that has horses, ponies, donkeys, mules, or
burros available for hire, boarding, and/or riding instruction.
Sanitary. Any condition of good order and cleanliness that discourages and limits
disease transmission. Spayed. Any female animal rendered incapable of being
bred by removal of the ovaries.
Vaccination. An injection of a vaccine, including but not limited to rabies, which is
approved by the U.S. Department of Agriculture, Veterinary Biologics Division, State
Veterinarian, and administered as required by state law.
Veterinarian. Any person duly licensed to practice veterinary medicine by the state
board of veterinary examiners.
Veterinary clinic/hospital. Any establishment maintained and operated by a licensed
veterinarian for surgery and/or diagnosis and treatment of diseases and injuries of
animals, fowl, livestock, or wildlife including but not limited to a mobile or outpatient
clinic.
Wild animal (wildlife). Any nondomestic creature (mammal, amphibian, reptile, or
fowl) that is of a species that is wild by nature and that can normally be found in the
wild state and that is not naturally tame or gentle but is of a wild nature or disposition;
or that, because of its size, vicious nature and other characteristics, would constitute
a danger to human life or property, if not kept or maintained in a safe and secure
manner. Such creatures include, but are not limited to, all nonhuman primates and
all forms of venomous reptiles and nonvenomous snakes that will exceed a length of
six feet when mature. Excluded from this definition are hamsters, gerbils, ferrets,
domesticated breeds of rabbits, guinea pigs, rats, mice, newts, and salamanders.
Zoological park. Any facility, other than a pet store or kennel, displaying or exhibiting
one or more species of animals, fowl, livestock, and wildlife, operated by a person
or under the auspices of a government agency or possessing an unrevoked
municipal zoological park permit.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
i. State Law Reference—Health And Safety Of Animals, Texas Health And Safety Code §
821.001 Et Seq.; Regulation Of Animals, Texas Health And Safety Code § 822.001 Et Seq.;
Rabies Control, Texas Health And Safety Code § 826.001 Et Seq.; Dog And Cat Sterilization,
Texas Health And Safety Code § 828.001 Et Seq.; Animal Control Officer Training, Texas
Health And Safety Code §829.001 Et Seq.; Cruelty To Animals, Texas Penal Code §§ 42.09,
42.092; Attack On Assistance Animals, Texas Penal Code § 42.091; Dogfighting, Texas
Penal Code § 42.10.
§ 14-2. Incorporation by reference.
Any reference made in this chapter to any other law, statute, code, ordinance, rule
or regulation is intended to incorporate such material as it presently exists and also
any future amendments, changes, revisions, repeals or recodifications of such
material, unless otherwise expressly provided.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-3. Violations; penalties.
(a) Any violation, disobedience, omission, neglect, failure, or refusal to comply with
the enforcement of any of the provisions of this chapter shall be punishable by
a fine not to exceed $2,000.00 for each violation. Unless otherwise specifically
stated in this chapter, any violation of this chapter that is punishable by a fine
that does not exceed $500.00 does not require a culpable mental state, and a
culpable mental state is hereby not required to prove any such offense. Unless
otherwise specifically stated in this chapter, any violation of this chapter that is
punishable by a fine that exceeds $500.00 shall require a culpable mental state
as specified by §6.02(c) of the Texas Penal Code. Each day that a violation is
permitted to exist shall constitute a separate offense.
(b) If any person is found guilty of having violated any provision of this chapter, any
permit held by such person may be revoked as provided in this chapter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-4. Responsibility for enforcement; police powers.
The local rabies control authority, local health authority, the animal care officers and
other authorized employees of the health district shall have all of the powers and
authority of peace officers to the extent only, and no further, of enforcing state
statutes and regulations, this chapter of the city ordinance and other city ordinances
relating to animals, fowl, livestock and wildlife. No person shall interfere in any
manner or give false information to the above-stated employees in the performance
of their duties.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-5. Interference with duties.
(a) A person commits an offense if he prevents, interferes with, obstructs, or gives
false information to the above-stated individuals in the performance of their
duties.
(b) A person commits an offense if he fails to comply with any lawful order of the
above-stated individuals during the enforcement of this chapter or federal or
state laws.
(c) A person commits an offense if he makes a claim of ownership for an animal
that he knows is false.
(d) A person commits an offense if he makes a report of a violation of this chapter,
or federal, or state law that he knows to be false.
(e) A person commits an offense if he physically constrains the movement of any
above-stated person or their equipment or vehicle by placing any part of the
person or person's property in the way of the above-stated person's progress
in the performance of their duties.
(f) A person commits an offense if he releases or causes an animal to be released
after an animal care officer has impounded the animal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-6. Entry of private premises.
(a) If persons keeping animals, fowl, livestock or wildlife within the city, after
request of the health district or an ACO, refuse to permit access to the areas or
places where such animals, fowl, livestock or wildlife are kept, the ACO shall
seek the necessary court authorization to enter the premises.
(b) If the ACO has reasonable suspicion to believe that the life of the animal may
be in imminent danger, the ACO may enter the curtilage of the premises to
correct the threat to the animal's life so long as damage to property can be
avoided.
(c) An ACO who has probable cause to believe an animal is in immediate danger
may remove the animal from the situation by the quickest and most reasonable
means available.
(d) For purposes of discharging the duties imposed by the provisions of this chapter
or other applicable laws, an ACO who has probable cause to believe an animal
is in immediate danger may enter upon private property to the full extent
permitted by law.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-7. Additional enforcement methods.
If any person is found guilty of cruelty to any animal, wildlife, fowl, or livestock under
municipal, state or federal law, his permit to own, keep, harbor, or have custody of
such animal, fowl, wildlife, or livestock shall be deemed automatically revoked and
no new permit or license may be issued.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-8. Keeping venomous reptiles.
It shall be unlawful for any person to breed, raise, keep, or have in his possession
any venomous reptile within the corporate city limits, except a venomous reptile kept
by a permitted educational or scientific institution. These institutions will be subject
to initial approval and periodic inspections by the director of health or his or her
designee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-9. Disposal of deceased animals and livestock.
(a) Deceased livestock shall be lawfully disposed of within 24 hours of discovery
by or notification of the responsible party. All costs associated with disposal
shall be borne by the responsible party. The responsible party will be
determined by the health director or his or her designee.
(b) A reasonable disposal fee will be charged for the requested collection and
disposal of each small deceased animal, including dogs and cats. This fee
shall be paid to the ASC. (Ordinance 52-2019 adopted 11/5/19; Ordinance 12-
2022 adopted 4/19/22)
§ 14-10. Owner surrendered animals.
(a) Individuals must show proof of ownership and valid government-issued ID
showing they live within the city limits.
(b) Any owner wishing to relinquish an unwanted animal to an ACO or other
authorized employee of the ASC must schedule an appointment for an intake
interview prior to bringing the animal to the shelter.
(c) Any owner wishing to relinquish an unwanted animal to an ACO or other
employee of the ASC will be charged a fee.
(d) Any owner who surrenders an animal to animal services will be unable to adopt
an animal from the shelter for one year. Exceptions to this would include
animals who are sick (not thriving), elderly, or aggressive.
(e) Individuals surrendering their litter of puppies or kittens who have not
previously surrendered one (1) or more of their animals within the past thirty-
six (36) months may have their owner surrender fee waived if they schedule
and pre-pay for an appointment for the mother dog to be spayed, to occur
within thirty (30) days of the litter's surrender. Failure to spay the animal will
result in being billed for the previously waived fees. Citations may be issued
for failure to pay within 30 days from the invoice being issued.
(f) Individuals surrendering their litter of puppies or kittens who have previously
surrendered one (1) or more of their animals within the past thirty-six (36)
months shall be required to schedule and pre-pay for an appointment for the
mother dog to be spayed, to occur within thirty (30) days of the litter's
surrender. Said appointment must include the administration of rabies
vaccination, if due, and the acquisition of a city license.
(g) Additionally, individuals surrendering their litter of puppies or kittens who have
previously surrendered one (1) or more of their animals within the past thirty-
six (36) months are mandated to attend a Responsible Pet Owner Class at a
future date and time but within 60 days.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-11. Noise.
No person shall harbor any noisy animal, fowl, livestock, or wildlife of any kind that
makes an unreasonable disturbance to the peace of the occupants of an adjacent
premises or the vicinity thereof, including the making of unusual noises by howling,
barking, or bawling.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-12. Removal of waste.
The owner, caretaker, harborer, or possessor of every animal shall be responsible
and required to immediately and properly dispose of excreta deposited by the animal
on public walks, recreation areas, public, or private property.
(1) It shall be the responsibility of the owner or their appropriate representative of
any multifamily living complex to enforce or remove waste deposited by any
animal being housed/harbored on such property.
(2) An owner commits an offense if they:
a. Knowingly allow the animal to enter or be present on private property or on
property located in a public place and fails to have in their possession
materials or implements that, either alone or in combination with each
other, can be used to immediately and in a sanitary and lawful manner both
remove and dispose of any excreta the animal may deposit on the property.
b. Do not dispose of any excreta deposited on any property owned or
possessed by that person, caretaker, or possessor of any animal at a
frequency of at least weekly or more often as needed to prevent a public
health nuisance.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-13. Shooting or catching wild birds.
(a) It shall be unlawful for any person to shoot, attempt to shoot, or kill with an air
rifle, bow and arrow, slingshot, firearm, or other means any wild bird within the
city limits.
(b) It shall be unlawful for any person to or catch or attempt to or catch, by any
means whatsoever, any wild bird within the city unless such catching is first
approved by the health director.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-14. Animal adoption policies.
(a) An individual seeking to adopt an animal through the city's ASC must comply
with the following requirements:
(1) Applicants may not have a history of complaints of cruelty or neglect.
(2) Applicants may not have reclaimed their current animals, if any, from ASC
more than once in the previous 12-month period.
(3) All animals in the home must be current on vaccinations and city licenses
prior to the applicant being approved for adoption.
(4) Once an applicant has been approved by the ASC to adopt an animal, the
applicant must make and pre-pay for an appointment with the veterinarian
of their choice to have the animal spayed/ neutered. Proof of the paid
appointment must be submitted to the ASC prior to the adoption of the
animal.
(5) In the event that an animal less than six (6) weeks of age is to be
adopted, it shall be required that any animals of the opposite sex and
same species currently residing within the applicant's household must
have been spayed or neutered prior to the release of the animal from
animal services.
(b) Once all of the requirements for adoption have been met, ASC staff will deliver
the adopted animal to the chosen veterinary clinic the morning of the
spay/neuter appointment. ASC staff will microchip the animal prior to the animal
leaving the building and enter that information into the electronic records
system. While the animal is at the veterinary clinic being spayed/neutered, the
animal will receive a rabies vaccination administered by the veterinarian and
paid for by the approved applicant. The applicant may pick up the animal from
the veterinary clinic after the animal has been spayed or neutered, and all
additional actions have been undertaken by ASC and the designated
veterinarian.
(1) Proof of spay/neuter must be provided to the ASC no later than ten (10)
days from the date of the animal being spayed/neutered.
(2) Proof of rabies vaccination and city license must be returned to the ASC
no later than ten (10) days after the animal has been adopted.
(3) If the animal is deemed too young to be spayed/neutered, the adopter shall
schedule and prepay for a spay/neuter appointment at the veterinarian of
their choice and bring in proof of the appointment and paid services to the
ASC prior to the animal leaving the shelter. It shall be unlawful for a person
who has adopted an animal from the city to fail to provide proof of spay/
neuter to the ASC within ninety (90) days after adoption.
(4) If the animal is under four months of age at the time of adoption, the puppy
or kitten must receive a rabies vaccination at approximately four months of
age. ASC staff will approximate age and timeline for rabies vaccine to be
given. The adopter shall return the proof of vaccination to ASC no later than
ten days from the date that the animal receives the vaccination. It shall be
unlawful for a person who has adopted an animal from the city to fail to
provide proof of rabies vaccination to ASC within ninety (90) days after
adoption.
(5) If a licensed veterinarian determines spay/neuter and/or vaccination would
be detrimental to the health of the adopted animal, documentation from the
licensed veterinarian must be submitted, and requirements will be waived.
(6) If an animal is determined by a veterinarian to have a short-term medical
issue detrimental to the health of the animal and requires a delay in
spay/neuter the adoption supervisor or their designee shall communicate
with potential adopter an agreement for care to include a treatment plan
from a veterinarian.
(7) If the adopter chooses to utilize a veterinarian located outside the city limits
but within 30 miles of the ASC they will be assessed an additional fee to
cover the cost of delivery of the animal to the veterinarian.
(c) The director of health has the authority to waive or reduce adoption fees
for special events or promotions.
(d) Pets and vets program. Adoption fees for any animal available at the city
animal services center will be waived for any U.S. Veteran who meets the
following requirements:
(1) Veterans shall meet all other requirements for adoption, including the
spay/neuter surgery at the veterinarian of their choice; and
(2) Veterans shall present one of the following documents that pertain to their
military service:
a. Veteran identification card;
b. State-issued license with a veteran designation;
c. Form DD214 military discharge certificate;
d. Honorable discharge certificate;
e. Letter from the U.S. Military Center; or
f. Letter from the Department of Veterans Affairs Services and Benefits
Program.
(3) If at any time, an adopter is unable to keep their animal, they can return
the animal to the ASC without penalty. If they chose to rehome the animal
on their own, they must provide the ASC the new owner's information
within 14 days of the transfer of ownership and update the microchip and
license information.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-15. Barn cat adoption program.
An individual seeking to adopt barn cats through the city's animal services barn cat
adoption program must comply with the following requirements in addition to the
requirements of section 14-12:
(1) Barn cats must be adopted in pairs.
(2) Applicants must agree to provide a safe, permanent outdoor home with one or
more areas of weatherproof shelter, daily food, and water, and provide for any
ongoing veterinary costs associated with ownership prior to being permitted to
adopt any barn cat.
(3) Applicants must provide an escape-proof room or enclosure for each cat for a
minimum of a two- week period after adoption to allow the barn cat to acclimate
to its new location. This enclosure can be a tack room, garage, coop, or XXL
dog crate. Applicants must relocate each barn cat to the enclosure immediately
following pick up of the animal from the veterinarian in accordance with the
requirements of section 14-12 and keep the animal in the enclosure for the
designated period.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-16. Animal ownership.
No person shall own, keep, maintain, or harbor five or more dogs and/or cats in
aggregate per property address, including any dwelling that is an extension of the
address, without a permit as set forth in article III - permits.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-17. Responsible pet owner, the purpose of the program.
(a) The responsible pet owner program established in this article is designed to
reduce the incidence of repeat offenders and educate participants about the
responsibilities entailed in owning a pet in an urban environment. The program
stresses the "good neighbor" concept of responsible pet ownership and gives
participants information on the role of the ACO in the community.
(b) Program established; availability to pet owners.
(1) Established. The responsible pet owner program shall be established
by the health district and the ASC.
(2) Availability. The responsible pet owner program may be made available
to all pet owners residing within the territorial limits of the city, and shall
be offered at the discretion of the ASC based on availability.
(c) Eligibility.
(1) Any citizen residing within the city limits is eligible to participate in the
program based on space availability.
(2) Owners may be mandated to participate in the responsible pet owner
program at the discretion of the health director or their designee.
(d) Fees and penalties.
(1) The fee for a first impoundment may be waived or reduced for owners
demonstrating financial need who sign up and successfully complete this
class.
(2) Failure of an owner who received reduced or waived fees to complete the
program within 30 days may result in the issuance of a citation. Said owner
will also be responsible for paying the difference between the impound fee
and any waived or reduced fee.
(3) Any individual mandated to take the responsible pet owner program who
does not complete the program within 30 days of the assigned date may
be issued a citation.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-18. Duty to locate owners of loose dogs or cats.
A person commits an offense if he takes possession of an at-large dog or cat within
the city and knowingly fails to make within 72 hours after taking possession, a
reasonable effort to locate the owner by:
(1) Calling the telephone number listed on the animal's tags.
(2) Taking the animal to ASC, a licensed veterinarian or other animal agency with
a microchip scanner to be scanned for a microchip, checked for a tattoo or other
identification screening and attempting to contact the owner if identified through
the screening.
(3) Making a found report to ASC including contact information, description of the
animal, and location of where the animal was found.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-19. Seizure warrant
(a) In the event of non-compliance with any provision of this ordinance or any lawful
request issued thereunder, the Health District may seek and obtain a seizure
warrant.
(b) Upon issuance of the seizure warrant, the Health District is empowered to enter
the property in question and remove any and all animals subject to the warrant.
This shall include any equipment or food necessary to maintain the health of the
specific animals while in custody of the Health District.
(c) The seizure warrant shall be executed in accordance with the procedures
established by law, ensuring due process and the protection of the rights and all
policies involved.
(d) All costs associated with the seizure and subsequent care of the animals shall
be the responsibility of the property owner or responsible party, as determined
by the Health District.
§14-20 Through § 14-40. (Reserved)
ARTICLE II
DOG AND CAT VACCINATION AND LICENSING2
DIVISION 1
GENERALLY
§ 14-41. Vaccination required.
(a) No person shall own, possess, or harbor any dog or cat 16 weeks of age or
older unless it has been vaccinated against rabies in accordance with this
section and state law.
(b) Rabies vaccination shall be repeated in accordance with state laws and
regulations.
(c) The owner of any unvaccinated dog, cat, or ferret reclaimed from the ASC must
purchase a rabies voucher from the ASC before leaving the center. The owner
will be required to have the animal vaccinated within ten (10) days and proof of
vaccination should be immediately returned to the ASC. Failure to vaccinate the
animal or provide a valid rabies vaccination certificate is a violation of the local
ordinance and state law and will result in a citation.
(d) Pet owners are required to provide proof of an animal's current rabies
vaccination when requested by an animal care officer. Proof shall be shown by
providing a valid copy of the animal's rabies certificate provided by a licensed
veterinarian. A rabies tag is not valid proof of a rabies vaccination.
State law reference—Vaccination required Texas Health and Safety Code
§§ 826.021, 826.022. (Ordinance 52-2019 adopted 11/5/19; Ordinance
12-2022 adopted 4/19/22)
§ 14-42. Through § 14-70. (Reserved)
2. State Law Reference—Registration Of Dogs And Cats, Texas Health And Safety Code §
826.031 Et Seq.; Rabies Control, Texas Health And Safety Code § 826.001 Et Seq.
DIVISION 2
DOG OR CAT LICENSES
§ 14-71. License required.
No person shall own, possess, or harbor a dog or cat 16 weeks of age or over
without obtaining a license for each animal.
(1) Pet owners shall provide proof of an animal's current city license when
requested by an animal care officer. Proof shall be provided by showing a
current city license to the officer, or providing a receipt from the veterinarian or
authorized location where the license was purchased.
(2) City license must be renewed and shall run concurrently with
rabies vaccination. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
3. State law reference—Registration of dogs and cats, Texas Health and Safety Code § 826.031 et
seq.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-72. License defenses.
It is a defense to prosecution under section 14-71 that:
(1) The owner of the dog or cat resides outside the city limits;
(2) The cat is a member of a permitted feral cat colony or a permitted non-colony
member;
(3) The dog or cat is a fostered animal; or
(4) The dog is a governmental agency police/fire dog.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-73. Certificate of rabies vaccination required for license.
A valid certificate of rabies vaccination and license fee must be presented to obtain
a license for a dog or cat.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-74. Right to inspect.
Animal services staff, upon presentation of proper credentials, may inspect the dog
or cat and the premises of the dog or cat to ensure compliance with this chapter as
a condition for issuing and maintaining a dog or cat license.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-75. Certificate tag and fee for the license.
The fee for the license shall be set by the health district and approved by the city
council, and the fee schedule will be posted at the ASC. Animal license tags are not
transferable from one animal to another. It shall be unlawful to alter a tag or to issue
one without current rabies vaccination. If a tag is lost, a duplicate tag may be issued
by the health district, and a replacement fee charged. The health district will
monetarily compensate authorized veterinary clinics that participate in selling animal
licenses. Each authorized veterinary clinic shall submit the rabies certificate and tag
number monthly to the ASC. The ASC will invoice the veterinarian clinics monthly
for each certificate sold minus the set aside amount for selling the license.
§ 14-76. Denial of license.
(a) No dog or cat license shall be issued if the applicant falsifies information or fails
to comply with any section of this chapter.
(b) No dog or cat license shall be issued if the applicant has been convicted of
inhumane or cruel treatment to animals or has three or more convictions for
violating any section of this chapter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-77. Issuance of license.
Upon approval of the application for a dog or cat license, a certificate and license
tag will be issued. The tag shall be of durable material, designed to be easily
fastened or riveted to the animal's collar or harness, and shall bear a number
corresponding to the number on the certificate, showing the month and year of
expiration. The ASC shall maintain a record of identifying tag numbers.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-78. Wearing of tag.
Failure of a dog or cat to wear the license tag at all times shall be prima facie
evidence that no animal license has been issued and constitutes a violation of this
section by the dog's owner, possessor, or harborer and subjects the dog to
impoundment by ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-79. Wearing of a collar or harness.
(a) It shall be unlawful for any dog owner to fail to provide the dog with a strong
and serviceable collar or harness to which a city license and rabies tag
described under this section are securely attached. The collar or harness with
the city license must be worn at all times, except during the time the dog is:
(1) Performing at shows, obedience trials, tracking tests, field trials,
schools, or other events sanctioned and supervised by a recognized
organization; or
(2) Is engaged in hunting or some other activity in which a collar might
endanger the safety of the dog.
(b) It shall be unlawful for any cat owner to fail to provide the cat with a collar or
harness to which a current city license and rabies tag described under this
section are securely attached. The collar provided for a cat may be a breakaway
collar to prevent the strangulation of the animal. The collar with the city license
must be worn at all times. It is a defense to prosecution that a cat is permitted
as a member of a feral cat colony, a feral nonmember cat or a designated barn
cat.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-80. Suspension or revocation of license.
(a) If the person holding the dog or cat license refuses or fails to comply with this
chapter or any law governing the protection of animals, official notice shall be
given of the intention to suspend the license. The license shall be revoked if
evidence shows the person is not in compliance within (7) seven days after
official notice is given.
(b) A dog or cat license is automatically revoked upon receipt of official notice for
any one or more of the following reasons:
(1) Impoundment by the city two or more times during a 36-month period.
(2) Two or more convictions of a person for violating any section of this
chapter.
(3) Any combination of impoundments and convictions totaling two incidents.
(c) Notice as required in this section is properly served when it is delivered to the
owner, caregiver, harborer, or possessor of the animal; or when it is sent by
registered or certified mail, return receipt requested, to the last known address
of the owner, caregiver, harborer, or possessor of the animal. A copy of the
notice shall be filed in the records of the regulatory authority.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-81. Removal of unlicensed animal.
If a dog or cat is unlicensed due to non-issuance or revocation of the license after
official notice, the owner/ harborer must either immediately rehome the animal or
transfer possession of the animal to the ASC, or it will be seized by and become the
property of the ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-82. Reapplication.
Persons with a denied or revoked dog or cat license shall wait at least 60 days before
making reapplication. The application will not be accepted unless the health
director or his or her designee is satisfied that there will be compliance with this
chapter. The fee for reapplication shall be set by the health district and approved by
the city council. The fee schedule will be posted at the ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-83. Through § 14-105. (Reserved)
ARTICLE III
PERMITS
DIVISION 1
GENERALLY
§ 14-106. Enforcement.
This article shall be enforced by the Animal Services Division of the Wichita Falls —
Wichita County Public Health District. All permitted/registered parties are subject to
annual inspections of animals, facilities, or dwellings. Additional inspections may
occur more frequently based on concerns or complaints received by an ACO or other
authorized employee of the health district.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-107. Permit exemptions.
(a) Veterinary clinics, veterinary hospitals, and animal clinics. Veterinary clinics,
veterinary hospitals, animal clinics, and related practices of veterinary
medicine shall be exempt from this article.
(b) Certain other facilities. Stock shows; sanctioned animal shows;
slaughterhouses; rodeo arenas; governmental agencies including public
schools, laboratories, animal reclaim centers, and research facilities
approved by the ASC may be exempt from this article.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-108. Keeping of permitted animals.
An owner, harborer, or caretaker of an animal is required to provide any animal in
their care with humane care and treatment as follows:
(1) Access to an adequate supply of fresh air.
(2) Access to fresh, clean, potable water.
(3) Access to species-specific food.
(4) Physical activity.
(5) Access to shelter and shade as defined in this chapter.
(6) Access to veterinary care as needed to prevent suffering.
(7) Access to grooming.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-109. Sanitation, odor, and vector control.
Every owner, possessor, or harborer of animals, fowl, and livestock, shall comply
with the following regulations and sanitation requirements:
(1) Animal waste. Approved procedures for disposing of animal waste shall be
provided. Animal excreta should be disposed of at least weekly or more often
as needed to prevent a public health nuisance.
(2) Odor and vector control required. All persons keeping animals within the city
limits shall keep all premises, pens, or enclosures in such a manner as not to
give off offensive odors or as to breed or attract flies and other insects. All
persons shall use some form of chemical control at reasonable intervals to
keep such premises free from flies, mosquitoes, ticks, fleas, and other vectors.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-110. Cage sizes.
Every owner of an animal shall confine the animal in an enclosure sufficient to
prevent it from running at-large. Such enclosure shall be of sufficient size to
maintain the animal comfortably and in good health. The animal must be able to
stand, turn around, sit, and lie down in a natural position.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-111. Inspection prerequisite to issuance of permit.
(a) An ACO shall be required to inspect the premises prior to issuing a permit
required by this article. ASC has the right to inspect the premises, including
animals, livestock, and fowl at any time during normal business hours.
Inspection shall occur annually or more often based on any complaint or
concern received by the health director or his/her designee.
(b) All dogs, cats, and ferrets owned by the permit holder or residing at the
permitted property must have a current city license and a current rabies
vaccination certificate.
(c) If the person requesting a permit is not the owner of the property, written and
notarized permission must be obtained from the property owner, and a copy
provided to the ASC with the initial application, and annually thereafter with
renewal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-112. Issuance, term, and application for renewal of permits.
(a) A permit required by this article shall be issued after approval of the application,
inspection of premises, and receipt of the fee. The permit shall be displayed in
a prominent place on the premises. The permit shall remain in effect for one
calendar year from the date of issuance unless suspended or revoked.
(b) Application for renewal of a permit and payment of the fee may be made one
month prior to expiration, but the effective date of the permit shall coincide with
the expiring permit date, and the fee will be for a full year from that date.
(c) Any reapplication fee that is not submitted by the due date will be subject to a
late fee, and citations may be issued for operating without a permit.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-113. Reclassification and fee adjustment of permits.
Any person who has a change of category under which a permit was issued pursuant
to this article shall be subject to reclassification, and appropriate adjustment of the
permit fee will be made.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-114. Denial of permit.
(a) No permit required by this article shall be issued if the applicant has:
(1) Withheld or falsified information on the application.
(2) Failed to comply with any section of this article.
(b) No permit required by this article shall be issued if the applicant has been:
(1) Convicted two or more times for violating any section or combination of
sections of this chapter.
(2) Been convicted of inhumane or cruel treatment
to animals. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-115. Reapplication period upon denial of the permit.
If a permit required by this article is denied, reapplication cannot be made for at least
sixty (60) days. Each reapplication shall be accompanied by a fee in addition to the
permit fee. The reapplication fee is nonrefundable.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-116. Suspension of the permit.
(a) The health district may, upon official notice, suspend a permit issued pursuant
to this article for the following reasons:
(1) Animals are being deprived of necessary food, water, care, or shelter, as
outlined in this chapter.
(2) Animals are cruelly confined or treated inhumanely.
(3) Unsanitary conditions exist that create a medium for the transmission of
disease to animals or humans.
(4) Noncompliance with any section of this chapter.
(b) The health director or his or her designee has the right to take photographs
and gather evidence on the premises to document any of the reasons for
suspension.
(c) No animal covered by the suspended permit shall be accepted or placed
on the property after suspension of the permit.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-117. Lifting of suspension and reinstatement of permit.
If all violations and unsatisfactory conditions have been corrected within ten (10)
days, the health district may reinstate a suspended permit issued pursuant to this
article after reinspection. A reinspection shall be made as soon as practical but not
more than five (5) working days after receiving a written request for such inspection
by the person to whom the permit was issued.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-118. Revocation of permit.
If no written request for reinspection has been received after ten (10) days from
suspension of a permit issued pursuant to this article, or if satisfactory corrections
have not been made, the health district shall give official notice that the permit shall
be revoked after the expiration of five (5) calendar days. The city is not liable to
refund any part of the permit fee. No animal covered by the permit shall be on the
property during the time of suspension/revocation.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-119. Reinstatement of the permit after revocation.
(a) No person who has had a permit pursuant to this article revoked may apply for
a new permit for a period of one (1) calendar year from the date of revocation.
No permit shall be issued if the person has been convicted of abuse to animals.
(b) If less than one (1) year after revocation, another owner applies for a permit at
the same location where a permit was revoked, the person whose name
appears on the revoked permit may in no way be associated with the new
operation, including any financial interest, or the permit will be revoked and
legal action may be taken against both parties.
(c) If a permit is issued, the applying individual will be placed on a compliance plan
with an increased inspection schedule. A fee will be charged for each
inspection.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-120. Right to hearing.
A person who has had a permit denied, suspended, or revoked shall be entitled to
appeal the decision as set forth in article VIII of this chapter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-121. Through § 14-149. (Reserved)
DIVISION 2
COMMERCIAL ANIMAL ESTABLISHMENTS
§ 14-150. Permit required.
(a) No person shall operate a commercial animal establishment without first
obtaining the necessary permit in compliance with this article.
(b) Commercial animal establishments seeking a permit and commercial permit
holders are required to meet all applicable general permit requirements as set
out in this chapter, as well as any additional requirements for their specific
permit.
(c) The annual fee for these permits shall be set by the health district and approved
by the city council. The fee schedule will be posted at the ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-151. Separate enterprises.
Each commercial animal establishment, even though owned by the same person or
group, is considered a separate enterprise, and each must possess a permit. If the
establishment moves to another location or if there is a change of ownership,
another application and fee for the permit are required.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-152. Fowl, rabbits, guinea pigs, or ferrets for commercial purposes.
(a) Where such fowl or animals are kept for sale or for any purpose other than
domestic use or home consumption, the owner, possessor, or harborer of any
domestic fowl, rabbits, guinea pigs, or ferrets shall meet the following
requirements:
(1) Animals must be kept in batteries or coops arranged inside of buildings.
Animals or fowl may not roam in open pens on the ground.
(2) Sanitary conditions in the housing area must be maintained by removing
all droppings from such buildings, batteries, or coops at least once daily.
(3) Buildings, batteries, or coops must be disinfected and deodorized at least
once each day.
(b) Any such building must be at least 50 feet from any residence other
than the harborer's. (Ordinance 52-2019 adopted 11/5/19; Ordinance
12-2022 adopted 4/19/22)
§ 14-153. Grooming business permit.
A grooming business permit shall be required for every person operating a business,
including a mobile business that provides grooming.
(1) Standard of care.
a. No animal shall be left unattended, whether restrained or unrestrained,
while on a grooming table, in a bathing area, or in the drying area.
b. No animal shall be groomed without a valid rabies vaccination certificate.
c. Animals shall be cared for and maintained to the minimum standards of
section 14-108.
d. There must be a process in place to sanitize and disinfect all equipment
and cages. A copy of this process must be made available to the ACO at
the time of permit inspection and anytime thereafter.
(2) Recordkeeping.
a. Each grooming business, including mobile businesses, shall keep and
maintain records regarding the animals cared for and the owner thereof.
Such records shall include name, contact number, and address of the
owner, as well as rabies vaccination certificate, services provided, and the
date such services were provided.
b. Records for each animal shall be maintained for a minimum period of one
(1) year from the date of service.
c. Records shall be made available to persons authorized by law to enforce
the provisions of this article.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-154. Kennel permit.
A kennel permit shall be required for a commercial operation wherein one or more
dogs and/or one or more cats, 16 weeks of age or older, are kept or maintained for
profit including animal daycare facilities. Permit holders must meet the following
requirements:
(1) A person permitted as a kennel operator may not accept any animal for
boarding without first confirming that the animal has a current rabies
vaccination.
(2) If the owner of the kenneled animal resides within the city limits, the animal
must have a valid city license.
(3) Facilities/premises shall be of sufficient size with an adequate number of
enclosures to accommodate the number of animals being harbored. Each
enclosure shall be of adequate type and size as defined in section 14-110.
(4) Food and potable water must be provided to each animal sufficient to maintain
each in good health and free of malnutrition and/or dehydration.
(5) The premises shall be kept in a sanitary condition and reasonably free of animal
waste, parasites, insects, and flies that could be harmful to the animal's health
and/or to the health of the public.
(6) The premises shall be adequate to keep the animals from running at-large and
disturbing adjoining, adjacent, or neighboring premises.
(7) The animals and the facility must be kept free of any odor that is offensive to a
person of ordinary sensibilities.
(8) The animals must be maintained in a manner that does not pose a danger to
the health of any animal or their caregiver.
(9) The animals must not cause noise that is offensive or disturbing to a person of
ordinary sensibilities on adjoining, adjacent, or neighboring premises.
(10) The premises must comply with all zoning, code, and health regulations.
(11) No person shall keep, possess, or maintain within the city limits a kennel within
300 feet of any residence or habitation for human beings, other than the
residence of the keeper, possessor, or owner of such kennel.
(12) A kennel in existence and in operation on June 8, 1985, shall be allowed to
remain in existence within 300 feet of any residence only so long as the place
of business is continuously in operation from that date, whether or not under
the same permit.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-155. Performing animals, petting zoos, circuses.
A permit shall be required for any establishment wishing to have any spectacle,
display, act, or event in which animals, fowl, livestock, or wildlife perform and/or
interact with people who are allowed to pet and feed the animals.
(1) The owner of such commercial business shall meet the following requirements:
a. Petting zoos and performing animal establishments must call and schedule
a permit inspection to be held within normal operating hours of the ASC.
These permits will be valid for one (1) year.
b. Circuses must call the ASC no later than ten (10) days prior to the event
and schedule a permit inspection to be held within normal operating hours
of the ASC. The permit will only be valid for the current show dates
scheduled.
c. Must provide to the ASC a copy of a certificate of health for each qualifying
animal from a licensed veterinarian. The certificate must be dated within
thirty (30) days for all animals requiring a certificate.
d. Must provide to the ASC a copy of an official report of a negative Equine
Infectious Anemia test (EIA or Coggins test) dated within the past twelve
(12) months for any equine present.
e. Must provide to the ASC a copy of the current rabies vaccination certificate
for every animal mandated by the state to be vaccinated against rabies.
f. Must provide a copy of any required state or federal permits needed for
any animal on site.
g. Failure to provide all required documentation will result in a permit not
being issued.
h. No performing animal exhibition or circus shall be permitted in which
performing animals are induced or encouraged to perform for
entertainment through the use of chemical, mechanical, electrical, or
manual devices in a manner which will cause or is likely to cause stress,
physical injury, or suffering to the performing animal.
i. All equipment used on a performing animal shall fit properly and shall be
in good working condition.
(2) Additional requirements for petting zoos, performing animals, and animal rides:
a. Must have sanitization stations at both the entrance and exits.
b. Must provide adequate shade for all animals.
c. All animals must have fresh, potable water available at all times.
d. Animals may not be overworked and shall have a designated
shaded area to rest. (Ordinance 52-2019 adopted 11/5/19; Ordinance
12-2022 adopted 4/19/22)
§ 14-156. Pet store permit.
Any person, partnership, company, or corporation, whether operated separately
or in connection with another business enterprise, that buys or sells any species of
animal is required to have a pet store permit.
(1) Dogs and/or cats offered for sale or adoption must be from an approved rescue
or shelter and accompanied by a current rabies vaccination certificate. A pet
store shall not be in possession of a dog or cat that is less than eight (8) weeks
old.
(2) A pet store shall not sell or offer for sale any animal that is unweaned.
(3) A pet store shall not adopt or offer to adopt, sell or offer for sale any animal that
is younger than the minimum age listed below:
a. 8 weeks for dogs and cats;
b. 10 weeks for rabbits;
c. 4 weeks for guinea pigs and hamsters; or
d. 3 weeks for mice.
(4) Animals shall be cared for and maintained to the minimum standards of section
14-452.
(5) Must comply with all zoning, code compliance, and health regulations.
(6) Pet stores located in shopping centers or malls are subject to the following
requirements:
a. The pet store shall be in an enclosed area separated by walls from
adjoining stores.
b. The pet store shall not be located closer than 50 feet to any eating or
drinking establishment.
c. Air conditioner ducts removing air from the pet store must be directed
outward and not directly into another shop or the shopping center or mall.
d. Any animal sold in the pet store must be carried from the shopping center
or mall in a box, crate, or appropriate container.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-157. Private animal shelter permit.
(a) The facility/premises must be an adequate size for the number and type of
animals to be kept.
(b) Enclosures shall be of sufficient size as to allow animals to move about freely.
This shall apply to each animal kept.
(c) Cage size shall be in proportion to the size of the individual animal's height and
weight.
(d) Shelters must check for ID, including microchips, tattoos, etc., at the time of
intake and at points throughout the stay including before adoption, transfer to
another facility, and euthanasia.
(e) Shelters shall serve notice to identified owners of stray animals.
(f) Shelters shall provide public notice, appropriate to the community of stray
animals entering the shelter.
(g) Shelters shall be accessible to the public during business hours for the
reclamation process.
(h) Records and data concerning key processes, information, and outcomes must
be maintained by all shelters and made available to the public upon request.
(i) Adequate food and potable water must be provided so that all animals kept
shall be maintained in good health and free of malnutrition and/or dehydration.
(j) The shelter premises shall be kept in a sanitary condition and reasonably free
of animal waste, parasites, insects, and flies that could be harmful to the
animal's health and/or to the health of the public.
(k) The shelter premises shall be adequate to keep the animals from running at-
large and disturbing adjoining, adjacent, or neighboring premises.
(1) The animals and the facility must be kept free of odor that is offensive to a
person of ordinary sensibilities.
(m) Animals must be maintained in a manner that does not pose a danger to the
health of any animal or their caregiver.
(n) All animals should either be spayed/neutered prior to adoption, or the shelter
shall have a lawful process in place to ensure the spay/neuter occurs when the
animal is of an appropriate age.
(o) The animals must not cause noise that is offensive or disturbing to a person of
ordinary sensibilities on adjoining, adjacent, or neighboring premises.
(p) The shelter must comply with all zoning, code, and health regulations.
(q) People bringing in animals must provide valid government ID, and the shelter
shall maintain this information in their designated system.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-158. Stable/riding school permit.
(a) Stables/riding schools must meet all requirements of the livestock permit in
section 14-198.
(b) Livestock kept for the purpose of a riding school or stable will be classified as
such.
(c) Stables/riding schools must maintain and provide records of a negative Equine
Infectious Anemia test (EIA or Coggins test) dated within twelve (12) months
for each equine on the property.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-159. Through § 14-195. (Reserved)
DIVISION 3
RESIDENTIAL PERMITS
§ 14-196. Permit required.
(a) No person shall own or harbor any of the following categories of animals that
require a permit, without first obtaining the necessary permit in compliance with
this article.
(b) Persons seeking a permit and permit holders are required to meet all applicable
general permit requirements as set out in this chapter, as well as any additional
requirements for each specific permit.
(c) The annual fee for these permits shall be set by the health district and approved
by the city council. The fee schedule will be posted at the ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-197. Fowl permit.
(a) A fowl permit shall be required for any person owning, possessing, or harboring
any fowl within the city limits. An annual permit fee shall be set by the health
district and approved by the city council. The fee schedule will be posted at the
ASC.
(b) Permit holders:
(1) Must ensure a 75-foot setback for any coop, pen, or housing utilized for
fowl from any residence excluding the residence of the owner or harborer
of the fowl.
(2) Must maintain a minimum of 12 square feet of floor or ground area for
each fowl.
(3) Must maintain any structure housing fowl by thoroughly cleaning the area
at least weekly to ensure there are no noxious and unpleasant odors
emitted from the structure.
(4) Must ensure any structure used to house fowl is treated with an approved
disinfectant at least once every six (6) months to discourage insects, flies,
ticks, mites, mosquitoes, and flies.
(c) No person shall:
(1) Keep any fowl within the city who does not possess a valid permit from the
ASC.
(2) Own, possess, or harbor guineas, peafowl, or roosters.
(3) Keep any fowl in violation of any other section
of this chapter. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-198. Livestock permit.
(a) A livestock permit shall be required for any person keeping livestock within the
city limits as allowed by this chapter. The annual fee for the permit shall be set
by the health district and approved by the city council. The fee schedule will be
posted at the ASC.
(b) All livestock permits shall be renewed on an annual basis. The annual fee for
the permit shall be set by the health district and approved by the city council.
The fee schedule will be posted at the ASC.
(c) No person shall keep any livestock within the city who does not possess a valid
permit from the ASC.
(d) It shall be unlawful for any person owning or having control over any livestock
to keep livestock, regardless of whether livestock is kept for personal use or for
commercial purposes unless a livestock permit has been obtained from the
ASC.
(e) Setback required; minimum space required. No livestock shall be kept or
maintained at a distance closer than 200 feet from any residence located on
property owned by another person. All such livestock shall be maintained on a
properly fenced parcel of land, providing a minimum of 600 square feet of area
for each head of livestock. Livestock shall have shelter and shade of reasonable
size for the number of livestock to be protected as provided in section 14-
452(1)(b).
(f) Odor, vector, and pest control required. Property housing livestock shall be kept
free of offensive odor, flies, rodents, and other pests.
(g) Manure container required. Each and every enclosure in or on which any
livestock are kept shall have a suitable manure container into which all manure
shall be placed at least weekly or more often as necessary. Each container
shall be securely screened or otherwise protected from flies, rodents, and other
vermin and shall be cleaned out and disinfected at least weekly. Manure from
containers shall not be left in open stacks but shall be removed or buried in a
manner so as not to create a public health nuisance.
(h) It shall be unlawful for any person owning or having control over livestock to
allow livestock to be at-large on public property, the property of another, or on
harborer's own property with no physical means of confinement.
(i) Livestock permits may be denied or revoked for the following reasons:
(1) Health or safety violations.
(2) Animal cruelty or neglect as defined in section 42.09 Texas Penal Code.
(3) More than one citation for livestock-at-large within a permit year.
(4) Failure to obtain a livestock permit within ten (10) business days of
placing livestock on property within the city limits.
(j) If a livestock permit is denied or revoked, the applicant or permit holder will
have ten (10) calendar days from the date of denial, suspension, or revocation
to remove all livestock from the city limits before the livestock is subject to
impoundment. Failure to renew the permit in accordance with this chapter shall
presumptively be considered a revocation.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-199. Livestock production area.
Livestock production areas shall be exempt from the following requirements of this
section: setback; minimum space requirements; odor, vector, and pest control; and
manure container requirements. All other requirements of the ordinance shall be
met.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-200. Nonconforming use.
Any property issued a nonconforming use permit in operation on July 4, 1999, shall
be allowed to renew their permit annually only as long as the following conditions
are met:
(1) The nonconforming use is not expanded by increasing the number and/or types
of animals.
(2) The property does not change owners.
(3) The nonconforming use is continuous and not stopped for a period in excess of
six (6) months.
(4) Existing structures are not extensively modified, changed, or relocated unless
there is a need to provide for the health and safety of the animals and/or the
public, and remain in sound condition except for routine maintenance and
repair.
(5) Local and state cleanliness and sanitation requirements are
perpetually in compliance. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-201. Pet fancier permit.
(a) A pet fancier permit shall be required for any person owning or harboring five or
more animals unless the animals are covered by another permit under this
chapter.
(b) All animals must be spayed/neutered, current on rabies vaccination, licensed,
and microchipped.
(1) An animal may be exempt from spay and neuter requirements upon proof
of current proof of registration with a recognized national show
organization.
(c) The annual fee for the permit shall be set by the health district and approved by
the city council. The fee schedule will be posted at the ASC.
(d) A pet fancier permit may be denied for the following reasons:
(1) If the director or his or her designee makes a determination that the
prospective pet fancier does not have adequate property or facilities to
ensure the animals do not disturb any neighbors.
(2) Sanitation for the number of animals permitted is not appropriately and
safely addressed.
(3) The owner has received two or more documented violations in the past
twelve (12) months.
(4) The number of animals allowed will be based on adequate housing space
as determined by the size of animals being housed.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-202. Project animal permit.
(a) School-age children enrolled in a public, private or home school program, who
are involved in a school program or 4-H where they are allowed to raise project
animals, livestock, or fowl for show or profit purposes may apply for a permit to
keep certain prohibited animals, livestock, or fowl for the qualified program,
such as FFA or 4-H. The permit may be issued even though the property may
not be fully in compliance with the setback requirements of this article. Those
students are required to:
(1) Apply for an annual project animal permit. Permits will expire one year
from date of issuance.
(2) Pay the annual permit fee.
(3) Show proof of enrollment in one of the listed school programs.
(4) Agree to comply with cleanliness and sanitation requirements of this
article and the state health and safety code.
(5) Obtain the approval, in writing, of all property owners located within 200
feet of the property.
(6) Allow inspection of the animal, livestock, or fowl, as well as pens, facilities,
and property before issuance of the permit by ASC staff.
(b) Failure to comply with any of the requirements of this section will result in denial
of the necessary permit. Permits are nontransferable and are revoked upon
either the student's graduation from high school, dropping out of the class or
qualified program, or nonattendance by the student.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22;
Ordinance 65-2022 adopted 12/20/2022)
§ 14-203. Rabbit permit.
(a) A rabbit permit shall be required for any person owning, possessing, or
harboring any rabbit kept outside within the city limits.
(b) Permit holders:
(1) Must ensure a 50-foot setback for any cage or enclosure utilized for
housing rabbits from any residence excluding the residence of the owner
or harborer of the rabbit.
(2) Must maintain cages and enclosures by cleaning weekly to ensure the
area is free of waste matter, insects, and odor.
(3) Must collect droppings at least weekly as necessary to prevent a public
nuisance.
(4) Must ensure droppings are stored in an airtight container for disposal at
least every seven (7) days.
(5) Must ensure cages are constructed in such a manner as to provide
adequate protection from the environment and meet the requirements of
section 14-452.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-204. Swine permit.
(a) Definition. For the purposes of this section, the term "potbellied pig" shall
mean a Vietnamese potbellied pig. Under no circumstances shall any swine
be considered a potbellied pig if its weight exceeds 125 pounds. The owner
must provide proof of weight obtained at a licensed veterinary clinic and
provide paperwork during any inspection.
(b) Restrictions. It shall be unlawful for any person to keep swine, pigs,
potbellied pigs, or hogs in the corporate city limits.
(1) Grandfather clause. Any person holding a valid swine permit on
November 15, 2019, may continue to own/harbor a potbellied pig until
which time the animal either dies or ownership is transferred out of the
city limits. They must continue to meet all the requirements as set out in
this chapter.
(2) The following conditions must be met for any permit holder having a
valid permit as of November 15, 2019:
a. It shall be unlawful for any person to keep, harbor, or raise more than
two potbellied pigs in any one location within the city limits.
b. All potbellied pigs shall be kept indoors at all times, other than times
for evacuation of waste material or during exercise periods. During the
time the pig is permitted outdoors, it shall be confined within the
property limits of the owner, and the owner shall be physically present
outside with the pig.
c. All potbellied pigs shall be spayed or neutered on or before the age of
12 weeks. No adult potbellied pig may be kept within the corporate city
limits unless its tusks have been surgically removed and the pig has
been spayed or neutered.
d. All potbellied pigs shall receive annual vaccinations for erysipelas. It
shall be the responsibility of the owner of the pig or the property owner
to provide proof of vaccination at the initial permit inspection and then
annually at each permit inspection. The vaccination certificate must be
from a licensed veterinarian and include the following information:
1. Name and address of the owner.
2. Description of the pig.
3. Date of vaccination.
4. Weight of the pig.
(3) The annual permit fee shall be set by the health district and approved by
the city council. The fee schedule will be posted at the ASC.
(4) Landlord permission, as evidenced by a signed and notarized statement of
the property owner, must be obtained annually prior to the inspection in
order to receive a permit for a potbellied pig.
(c) Exceptions to this section shall be as follows:
(1) Veterinary facilities. Veterinary hospitals, clinics, and related practices of
veterinary medicine shall be exempt from this section.
(2) Other facilities. Stock shows; livestock auctions; slaughterhouses;
public zoos; governmental agencies including public schools,
laboratories, certain school project animals, and research facilities
approved by the director of health may be exempt from this section.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-205. Through § 14-217. (Reserved)
DIVISION 4
FERAL CAT MANAGEMENT
§ 14-218. License or feral cat permit required for cats.
No person shall harbor any cat that is not either a licensed cat, is not covered by a
feral cat permit or which is not a non-member feral cat.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-219. Application for permit to act as a feral cat caregiver.
(a) Application for a permit to act as a feral cat caregiver must be made to the
health director or his or her designee.
(b) Upon a determination by the health director or his or her designee that the
prospective feral cat caregiver and prospective cat colony location will meet the
requirements in this division, the health director will issue a permit to create and
maintain a cat colony. Permits issued under this section are valid for a period
of one (1) year. The feral cat caregiver must either apply for renewal of the
permit or disband the colony upon expiration of the permit.
(c) The health director or his or her designee may deny a permit for a cat colony if
the director deems that the colony would be detrimental to the prospective
member cats or the neighborhood in which the colony is to be located.
(d) The health director is authorized to require an annual permit fee to accompany
each application for a permit.
(e) Permits are specific as to the individual permitted as the feral cat caregiver and
the location of the colony. Individuals wishing to transfer a cat colony to another
caregiver or another location must make an application for a new permit and
pay a permit fee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-220. Required permissions for permitted cat colony.
(a) No permit shall be issued for a cat colony location until the prospective feral cat
caregiver presents to the health director written permission for a cat colony
signed by every property owner, where a shared property line exists for the
proposed location of the cat colony. Such permission is valid for three (3) years
or until the property is transferred to another party. Written permission must be
obtained any time permission expires due to length of time or transfer of
property.
(b) In lieu of written permission from the property owner of a location, a prospective
feral cat caregiver may document an inability to determine or contact the
property owner of that location. This documentation shall include a copy of the
property owner's contact information on file with the county appraisal district
and a sworn affidavit detailing the manner and frequency of the attempts to
locate or contact the property owner by the prospective feral cat caregiver. The
affidavit shall also swear that the prospective feral cat caregiver has no reason
to believe that the property owner in question is opposed to the presence of a
cat colony at the prospective cat colony location.
(c) A colony shall not be located on a sidewalk. Feral cat feeding locations may be
in an alleyway, but may not be placed in a manner as to obstruct the alleyway.
(d) The feral cat caregiver either must be the property owner of the cat colony
location or have written
permission from the property owner of the location in order to obtain a permit for
the desired location. (Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022
adopted 4/19/22)
§ 14-221. Creation of a cat colony.
It shall be the caregiver's responsibility to ensure every member cat will be
trapped and inspected by a veterinarian for illness or injury within 120 days of
granting of the cat colony permit. Any adult cat determined to be in good health at
the time of the initial trapping will be microchipped, vaccinated, spayed/ neutered,
and subjected to ear tipping prior to its being returned to the cat colony. Any adult cat
determined to be injured or in poor health at the time of the initial trapping will be
provided with veterinary care sufficient to return it to good health, and then
microchipped, vaccinated, spayed/neutered, and subjected to ear tipping prior to
its being returned to the cat colony. In the alternative, any adult cat determined
to be injured or in poor health at the time of the initial trapping may be fostered,
adopted with the acknowledgement of any health condition and needed treatment,
or euthanized.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-222. Maintenance of a cat colony.
(a) Feral cat caregivers are expected to follow the TVARM (trap, vaccinate, alter,
return, and manage) form of feral cat colony management guidelines.
(b) Member cats are to be provided with adequate food and potable water as
defined by section 14-452.
(c) Kittens found to be at a cat colony location will be trapped and removed from
the colony by the feral cat caregiver when the kittens are between eight (8) and
sixteen (16) weeks of age. Removed kittens are to be either domesticated and
fostered in a foster home for adoption into permanent homes or euthanized.
(d) A feral cat caregiver shall immediately trap and remove from the colony any
sick or injured member cat found to be at the colony location. A sick or injured
member cat shall either be provided with veterinary care sufficient to return it to
good health prior to its being returned to the registered cat colony, fostered,
adopted, or euthanized.
(e) All member cats shall be vaccinated against rabies when trapped for any
reason.
(f) A feral cat caregiver shall keep records for the registered cat colony, including
a photograph, documentation of sterilization, and rabies certificates for each
member cat. These records will be provided to the health director or his/her
designee upon request.
(g) A feral cat caregiver must use feeding strategies that do not attract wildlife (e.g.,
designated feeding stations, distributing only the amount of food to be
consumed by member cats). All unfinished food and trash shall be removed on
a daily basis so as not to create a nuisance.
(h) The caregiver permit shall be posted and visible at
all times. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-223. Revocation of a permit to act as a feral cat caregiver to a cat colony.
(a) The health director may revoke the permit to act as a feral cat caregiver to a
cat colony if there is probable cause to believe that a cat colony does not comply
with this division. The director shall send written notice of revocation to the feral
cat caregiver. Upon written notice of revocation by the director, a feral cat
caregiver shall have seven (7) calendar days from the date of the issuance of
the notice to file written appeal under section 14-519 or disband the colony by
trapping and relocating, adopting out, or euthanizing the member cats. If a feral
cat caregiver fails to disband the colony or file written appeal within seven (7)
days under section 14-519, the director or his or her designee may authorize the
ASC to trap and impound the member cats, and the caregiver may be subject
to citation.
(b) Notice as required in this section is properly served when it is delivered by hand
to the feral cat caregiver, or when it is sent by registered or certified mail, return
receipt requested, to the last known address of the feral cat caregiver. A copy
of the notice shall be filed in the records of the health director or his/her
designee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-224. Feral non-colony member cat management.
(a) Must be comprised of 4 or fewer cats
(b) Must meet all above requirements with the exception of section
14-220(a) and (b). (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-225. Other laws to apply.
Nothing in this division shall be construed as excusing a cat colony location or a
feral cat caregiver from all other pertinent laws, including those prohibiting
nuisances or disturbances.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-226. Through § 14-241. (Reserved)
DIVISION 5
ANIMAL RESCUE GROUPS
§ 14-242. Rescue group registration.
Any individual or organization that operates as a rescue group, or rescuer, must be
registered with the ASC.
(1) Rescue groups shall comply with the following requirements:
a. Sign a written agreement provided by the ASC providing the address of
their main office.
b. Agree to spay/neuter and microchip all dogs, cats, and ferrets in the
rescue program.
c. Have written processes in place to screen and place animals in foster
homes. The process shall be available upon request.
d. Provide a list of registered foster homes to the ASC, including the name
and address of each. The list shall be updated anytime a foster is added
or removed from the list.
e. Ensure foster homes are in compliance with all city ordinances, including
the number of animals allowed, prior to placing them on the approved
foster home list.
(2) No person shall house domestic animals for the purpose of foster care unless
that person is registered as a foster with an approved rescue group.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-243. Animal foster home requirements.
(a) Fostered animals are to be provided with adequate food, potable water, shelter,
and shade as defined by section 14-452.
(b) The foster home must provide an area in which to segregate newly fostered
animals until those animals can be socialized with other animals living in the
foster home.
(c) The number of animals allowed to be fostered at a location shall be based on
adequate housing space as determined by the size of animals being housed.
(d) All cats and kittens over the age of sixteen (16)weeks who are fostered animals
must be vaccinated against rabies.
(e) All dogs and puppies over the age of sixteen 16 weeks who are fostered
animals must be vaccinated against rabies.
(f) Foster caregivers shall obtain a city license for any animal remaining in the
home for more than six
(6) months. A fostered animal remaining in the home for more than twelve (12)
months will no longer be considered a foster animal; such animals will be
considered owned animals and owners will be required to meet all obligations
of ownership. Rescue groups may apply to the health director or their designee
for an extension of up to one (1) year.
(g) The foster home shall keep records for each fostered animal, including a rabies
certificate and documentation for the length of time the animal has been in the
foster home. These records will be provided to the health director or his/her
designee upon request.
(h) The foster shall either be the owner of the property where the foster home is
located or have notarized written permission of the owner of the property in order
to participate as a foster home. Written, notarized permission from a property
owner must be provided annually or upon request of the health director or his/her
designee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-244. Foster home complaints.
(a) Foster homes shall consent to inspection of the premises by the ASC during
regular business hours in response to a complaint.
(b) The ASC officer who responds to a complaint at a registered foster home will
inform the foster home of the nature of the complaint.
(c) Failure to rectify any violations will result in the suspension of foster home
designation until the violations are corrected.
(d) The rescue group under which the foster home operates will be notified of any
complaint and findings. The rescue group will remove the foster home from their
approved foster home list if any violations are not remedied to the satisfaction
of the health director or his/her designee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-245. Other laws to apply.
Nothing in this division shall be construed as excusing an animal foster home or an
animal foster home caregiver from all other pertinent laws, including those prohibiting
nuisances or disturbances.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-246. Through § 14-270. (Reserved)
DIVISION 6
BREEDING, SALE, AND TRANSFER OF DOGS AND CATS
§ 14-271. Litter permit.
(a) Any person whose female dog or cat of breeding age has a litter must either
obtain a litter permit prior to breeding or as soon as the owner becomes aware
the animal is pregnant. The owner must show proof of a health certificate by a
licensed veterinarian dated within the past twelve (12) months. The issuance of
a permit authorizes the whelping of no more than one (1) litter per female dog
or cat in any twelve (12) month period. Each permit applicant shall be required
to take the responsible pet owner course offered by the ASC as part of the
permit application process.
(b) If, after notice, a person fails to obtain a permit, the ASC shall be authorized to
impound the female dog or cat and the litter in addition to any other available
remedies outlined herein.
(c) The litter permit number shall be prominently displayed in all advertisements,
notices, or displays of the litter for offers to give away or sell any members of
the litter.
(d) Instead of applying for a litter permit, an owner may choose to prepay for a spay
surgery at the veterinary clinic of their choice. The owner shall present a receipt
of payment along with a scheduled appointment to the ASC. The litter permit
fee will be waived with proof of payment for sterilization and scheduled
appointment as it applies in accordance with this section only. The female must
be spayed within thirty (30) days after weaning the litter and the owner shall
bring proof of the animal's sterilization to ASC within thirty-five (35) days.
(e) It shall be illegal to sell or give away animals in parking lots, flea markets,
temporary events, or in places where the public generally gathers.
(f) The owner must maintain records of all animals given away or sold, including
the name, address, phone number, and date of transfer for all individuals to
whom an animal is transferred. Records must be maintained for one (1) year
from date of transfer.
(g) A female may have no more than three (3) litters in her lifetime. The female
must be spayed within thirty (30) days after weaning her third litter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-272. Stud permit.
(a) Any person who owns or harbors a male dog or cat and wishes to breed this
animal with any female dog or cat must obtain a stud permit and furnish a copy
of the permit to the owner of the female animal prior to breeding. An applicant
must show proof of a veterinary health certificate dated within the past 12
months prior to obtaining a permit. Each permit applicant shall be required to
take the responsible pet owner course offered by the ASC as part of the permit
application process.
(b) A person commits an offense if he breeds a male animal without a permit or
permits a male animal to be bred with a female animal without receiving a copy
of the valid stud permit for the male animal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-273. Seller's permit.
(a) Any person who sells or offers for sale one or more puppies or kittens must
obtain a seller's permit prior to or within ten (10) business days of the litter's
birth. Each seller's permit shall be valid for six (6) months, and the issuance of
a permit authorizes the breeding and sale of no more than one (1) litter per
female dog or cat in any twelve (12) month period. Each permit applicant shall
be required to take the responsible pet owner course offered by ASC as part of
the permit application process.
(b) The seller's permit number shall be prominently displayed in all advertisements,
notices, or displays for sale of the puppies or kittens.
(c) A seller's permit holder shall provide a purchaser a certificate of health from a
veterinarian, for a period of not less than two (2) weeks with a recommendation
to have the animal examined by a licensed veterinarian.
(d) The owner must maintain records of all animals given away including the name,
address, phone number, and date of transfer for all individuals to whom an
animal is transferred. Records must be maintained for one (1) year from the
date of transfer.
(e) If, after notice, a person fails to obtain a permit, the department shall be
authorized to impound the puppies or kittens in addition to any other available
remedies.
(f) The animal owner may choose to prepay for a spay surgery at the veterinary
clinic of their choice. The owner shall present proof of payment and
appointment date to the ASC. The female must be spayed within thirty (30)days
of weaning the litter, and the owner shall bring proof within thirty-five
(35) days of the animal's sterilization to the ASC. Upon proof of sterilization
payment and appointment, the seller's permit fee will be waived as it applies in
accordance with this section only.
(g) It shall be illegal to sell or give away animals in parking lots, flea markets,
temporary events, or in places where the public generally gathers.
(h) A female may have no more than three (3) litters in her lifetime. The female
must be spayed within thirty (30) days of weaning her third litter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-274. Prohibiting the transfer of unweaned dogs or cats.
(a) It shall be unlawful for any person to transfer or offer to transfer any puppy or
kitten under the age of eight (8) weeks unless the puppy or kitten is transferred
to:
(1) Animal services;
(2) Any tax-exempt nonprofit organization founded for the purpose of
providing humane sanctuary or shelter for abandoned or unwanted
animals; or
(3) Any recognized rescue organization that is currently approved by the ASC.
(b) It shall be a defense to prosecution that the puppy or kitten was
transferred with its mother. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-275. Private animal sales.
The following requirements apply to all dogs, cats, and/or ferrets over the age of six
(6) months offered for sale:
(1) No owner or person shall advertise, display, transfer ownership, or offer to
transfer ownership of any dog, cat, or ferret over the age of six (6) months of
age that is not sterilized, implanted with a microchip, and currently vaccinated
against rabies.
(2) The sterilization requirement in subsection (1) shall not apply if the owner can
provide proof that the animal meets one or more of the following conditions:
a. The animal is registered with a national dog registry or is a sporting dog,
livestock dog, working dog, performance dog, or the owner is a member of
a national breed club, local breed or performance club, or sporting or
hunting club. The owner must show proof of an annual veterinary health
certificate.
b. The animal is a professionally trained police/fire animal.
(3) The seller must provide proof of sterilization and vaccination to the new owner
at time of sale of the animal.
(4) All dogs, cats, or ferrets must be restrained in a manner to prevent animal bite
exposure to humans and/or other animals.
(5) It shall be illegal to sell or give away animals in parking lots, at temporary
events, or in places where the public generally gathers including flea markets.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-276. Through § 14-296. (Reserved)
ARTICLE IV
ANIMAL CONTROL
DIVISION 1
GENERALLY
§ 14-297. Running at-large.
(a) The running at-large of animals, including fowl or livestock, within the city is
prohibited. No owner, possessor, or harborer shall allow the animal, fowl, or
livestock to run at-large. All animals, including fowl or livestock, must be
restrained by some physical means. An animal, fowl, or livestock shall not be
considered at-large when held and controlled by a person by means of a rope,
leash, or chain or as defined under the term "at-large" in section 14-1 .
(b) The prohibition against an animal running at-large shall not apply to a cat
harbored as a member cat of a permitted cat colony or a non-member feral cat.
(c) The prohibition against any animal running at-large shall not apply to any cat
that is allowed outside the confines of the owner/harborer's residence so long
as the cat:
(1) Is wearing a collar;
(2) Has a current rabies vaccination certificate;
(3) Is spayed/neutered;
(4) Has a current city license; and
(5) Is microchipped.
(d) If the cat meets all qualifications in subsection (c) and the cat has been declared
a public nuisance, as defined by section 14-1 , it may be restricted to inside the
owner's dwelling by the health director or his/her designee. Failure to follow any
of these restrictions constitutes a violation of this section.
(e) Any animal found at-large will be required to be spayed/neutered whether
impounded by an ACO or returned to the owner. The owner will be required to
show proof of spay/neuter to animal services at time of reclaim or no later than
one (1) day of notification that animal was at-large. If the animal is not
spayed/neutered when found to be at-large, the animal will be required to be
spayed/neutered in compliance with section 14-373.
(1) Sterilization under this section may be waived for the first at-large
occurrence if the owner can show current proof of registration with a
recognized national show organization.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-298. Public nuisance.
Any animal, fowl, livestock, or wildlife that creates a public nuisance as defined in
section 14-1 is in violation of this chapter and is subject to impoundment and
owner/harborer may be subject to citation. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-299. through § 14-329. (Reserved)
DIVISION 2
DANGEROUS DOGS4
§ 14-330. Definitions.
The following words, terms, and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Dangerous dog. Any dog:
(1) Which makes an unprovoked attack on a person or a domesticated animal
that causes bodily injury and occurs 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; or
(2) Which commits unprovoked acts in a place other than an enclosure in
which the dog is 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 a
person or a domesticated animal.
(3) Owned or harbored primarily or in part for the purpose of dogfighting, or
trained for dogfighting.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
4. State law reference—Dangerous dogs, Texas Health and Safety Code § 822.001 et seq.
§ 14-331. Exemptions.
(a) No dog shall be deemed dangerous if the bite, injury, or damage was sustained
by a person who at the time was committing a willful trespass upon the premises
occupied by the owner or harborer of the dog or by a person who has
tormented, cruelly treated, or abused the dog.
(b) No dog shall be deemed dangerous if the bite or injury to another animal
occurred as a result of the other animal entering the enclosure where the animal
lives.
(c) Dogs under control of the police department or other proper governmental
agency are exempt from this division.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-332. Penalty.
Any person violating any section of this division upon conviction shall be punished
as provided in city ordinance section 1-14. An owner of an animal that without
provocation bites or injures a person or animal shall be strictly liable for the harm
caused by such animal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-333. Dangerous dog license required.
Any person owning a dangerous dog must obtain a dangerous dog license annually.
A written application for such license shall be made to the ASC and shall include the
applicant's name and address, a description of the animal, proof of current rabies
vaccination, and the payment of a fee set by the health district and approved by the
city council, which shall be posted at the ASC. The license shall be valid for one year
from the date the license is obtained.
(1) Before the license is issued, the owner must also comply with the following
requirements:
a. Have the dog spayed/neutered or provide documentation from a veterinary
clinic stating the dog is spayed/neutered;
b. Provide proof the dog has been implanted with a microchip;
c. The owner of a dangerous dog must be at least eighteen (18) years old;
and
d. Not later than ten (10) days after a person learns that the person is the
owner of a dangerous dog as defined in this division, the person shall
obtain liability insurance coverage of at least
$500,000.00 to cover damages resulting from an attack by the dangerous
dog causing bodily injury to a person, and the person shall provide proof
annually of the required liability insurance coverage to the ASC.
(2) If the owner is not the property owner where the dangerous dog is to be located,
the owner must have written and notarized permission from the property owner
to have a dangerous dog at that location
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-334. Investigation of complaints.
If the ASC receives a complaint that a dog is dangerous and the complainant
provides a sworn statement with particulars concerning the complaint, a thorough
investigation shall be made. If it is determined by the health director or his/her
designee that an animal is dangerous and presents a substantial danger to the
public health, safety, and welfare of the community, the owner shall be notified that
a dangerous dog determination has been made.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-335. Declaration of dangerous dog.
(a) The owner or harborer may voluntarily declare that a dog is dangerous and
apply for a dangerous dog license, or the health director or his/her designee
acting on information it has received may declare a dog dangerous after a
thorough investigation.
(b) An animal declared dangerous due to a human or animal attack shall be
impounded immediately, and its owner promptly notified.
(c) The owner of a dog declared to be dangerous shall have the right to file a written
appeal of the determination as outlined by Texas Health and Safety Code,
chapter 822, section D. If the determination of the health director is overturned,
the impoundment and other fees shall be paid prior to release.
(d) A dangerous dog license shall be obtained no later than the 5th day after the
person learns that they are an owner of a dangerous dog.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-336. Destruction.
(a) Any dog determined to be dangerous by the health district may be humanely
euthanized if:
(1) Written appeal pursuant to Texas Health and Safety Code, chapter 822,
section D is not made by the animal's owner within the allowed time period;
or
(2) The owner of such animal fails or refuses to humanely euthanize the
animal as requested by official notice or order of the court.
(b) Notice as required in this section is properly served when it is hand-delivered to
the owner, caregiver, or possessor of the animal, or when it is sent by registered
or certified mail, return receipt requested, to the last known address of the
owner, caregiver, or possessor of the animal. A copy of the notice shall be filed
in the records of the regulatory authority.
(c) It shall be unlawful to refuse to relinquish a dangerous animal for destruction
within one (1)day of notification as provided in this section. Any person refusing
to relinquish a dog declared dangerous will be subject to penalties for each day
of refusal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-337. Seizure warrant.
If the harborer, owner, or caretaker of a dog declared dangerous refuses to release
such animal to the ACO, it shall be the duty of the ACO to obtain a seizure warrant
for the seizure of the animal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-338. Confinement.
(a) It shall be the responsibility of the owner or harborer of a dangerous dog to
securely confine such animal. A dangerous dog shall be confined in a covered
enclosure with walls and/or fencing of at least six (6) feet in height and
otherwise designed to prevent escape by the dog. The enclosure must be
securely locked at all times and must be confined within a 6-foot property
perimeter fence that is sturdy and in good repair.
(b) It shall be unlawful for a dangerous dog to be outside the dwelling of the owner
or outside the enclosure unless it is necessary for the owner to obtain veterinary
care for the dangerous dog or to comply with directions of the health district. In
such event, the dangerous dog shall be securely restrained with a leather or
nylon leash, muzzled, and shall be under direct control and supervision of the
owner or harborer or humanely caged. Unless confined or restrained under
conditions stated in this subsection, the dangerous dog shall be considered at-
large and subject to immediate impoundment and immediate license
revocation, as well as any other applicable penalties of this division.
(c) The owner of a dangerous dog must notify the LRCA at any time the dog will be
leaving the property for any reason. The owner must also notify the LRCA when
the animal is returned to their property. The owner must also notify their
veterinarian of the dangerous dog determination prior to any veterinarian visit.
(d) A dog deemed dangerous shall not be allowed in public places such as a dog
park, pet store, or other public areas where dogs are allowed.
(e) A dangerous dog may not be sold, given away, or change owners. In lieu of
transfer of ownership of any type, the animal must be relinquished to the ASC
or a veterinarian for humane euthanasia.
(f) If the owner changes addresses, they must notify the LRCA ten (10) days prior
to the move so an inspection can be scheduled at the new address and the
license transferred. Failure to comply will be grounds for revocation of the
license.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-339. Sign required.
The owner or harborer of a dangerous dog shall display a sign on the premises
warning that there is a dangerous dog on the premises. The sign shall be visible
and capable of being read from a public street, highway, or alleyway on any side of
the property.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-340. Inspections.
An inspection of the dangerous dog and the premises on which it resides shall be
made twice a year and at any other time deemed necessary by the health district.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-341. Failure to comply.
Failure of an owner to comply with any part of this chapter shall be cause for
revocation of the dangerous dog license, and the ASC shall seek a seizure warrant
for the removal and humane euthanasia of the animal. (Ordinance 52-2019 adopted
11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-342. through § 14-368. (Reserved)
DIVISION 3
IMPOUNDMENT
§ 14-369. Facilities authorized.
(a) The city council shall select and establish a suitable animal shelter for
impounding all animals, fowl, livestock, and wildlife by the health district.
(b) The health director or his or her designee is the designated caretaker of every
animal as of the date of intake.
(c) Immediately upon intake, the director or his or her designee, as the designated
caretaker, is authorized to provide each appropriately aged animal with core
immunizations and parasite treatment.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-370. Records required.
The ASC shall keep records of the following:
(1) The description of all animals, fowl, livestock, and wildlife impounded by the
health district;
(2) The date of impoundment;
(3) The date of reclaim;
(4) The date of transfer to rescue, adoption, or euthanasia;
(5) The amount realized for the reclaim or adoption of each animal, fowl, or
livestock; and
(6) The name, address, birthdate, government-issued ID number, and phone
number of the adopter, owner, person reclaiming the animal(s), person who is
dropping off a stray, or any other person that interacts with the city animal
services.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-371. Citation.
All animals, fowl, or livestock at-large are subject to impoundment. In addition to or
in lieu of impounding an at-large animal, fowl, or livestock, an ACO may issue the
known owner of the animal, fowl, or livestock a citation that will constitute a notice of
violation. The citation shall be forwarded to the city attorney for review and potential
prosecution.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-372. The right of entry on private property.
If an animal, fowl, livestock, or wildlife is observed at-large on private property, the
ACO may enter the property in accordance with applicable law for the purpose of
emergency impoundment or seizure of the animal, fowl, livestock, or wildlife; the
issuance of a citation; or both.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-373. The right of owner to reclaim; fee.
(a) The owner of any animal, fowl, or livestock impounded in accordance with this
division shall have the right to reclaim the animal, fowl, or livestock upon
showing satisfactory proof of ownership and
paying the appropriate impoundment fee set by the health district and approved
by the city council. The fee schedule will be posted at the ASC.
(1) The fee for a first impoundment may be waived or reduced for persons
demonstrating financial need who successfully complete the responsible
pet owner program.
(2) If the owner does not successfully complete the responsible pet owner
program, they may be issued citations and will be responsible for paying
the difference between the impound fee and any waived or reduced fee.
(b) An owner or his designee who reclaims an animal six (6) months of age or older
from impound shall provide proof that the animal has been spayed/neutered
prior to the release of the animal. If proof that the animal is spayed/neutered is
not provided, the owner shall pay for the cost of spaying/neutering the animal
and present proof of payment as well as a scheduled appointment to the ASC
prior to the release of the animal. The animal shall be spayed/neutered within
thirty (30) days of release, and the owner shall bring proof of the animal's
sterilization to animal services immediately after sterilization.
(c) Sterilization under this section may be postponed for a period greater than thirty
(30) days, but not more than ninety (90) days, after release in cases of female
animals in season, pregnant, or animals younger than 6 months of age. The
owner must provide proof of pre-payment and a scheduled spay/ neuter
appointment to the ASC prior to the release of the animal.
(d) Sterilization under this section may be waived for the first impoundment upon
proof of current registration with a recognized National Dog Registry.
(e) Sterilization is not required for an animal that has not been previously
impounded with the city if release is made to an owner who provides proof that
(1) a licensed veterinarian has issued a signed, written opinion that sterilization
would jeopardize the animal's health, or (2) the animal is registered with a
national dog registry.
(f) If upon a second impoundment the animal remains unsterilized, prior to
reclamation the owner shall pay all applicable reclaim fees and schedule a
spay/neuter appointment for the animal at the owner's expense. Animal
services will hold the animal until the appointment and transport the animal to
the veterinarian. The owner shall be responsible for picking the animal up from
the veterinarian after the sterilization procedure.
(g) It shall be unlawful for a person reclaiming an animal under this section to fail
to provide proof of rabies vaccination, if applicable, within ten (10) days of the
release of the animal if required to do so by this section.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-374. Proof of vaccination and license required for dogs and cats.
(a) The owner of any impounded dog or cat sixteen (16) weeks of age or older
shall, at the time of reclamation, show proof of current rabies vaccination or, if
unable to show such proof, shall be required to purchase a rabies voucher and
prepay for a city license. The owner shall be required to provide proof of rabies
vaccination within ten (10) days after the release from the ASC, at which time a
city license will be issued. If the animal has a current rabies vaccination, the
owner must purchase a city license if unable to show proof of a current license.
(b) The owner of any impounded ferret must show proof of current
rabies vaccination. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-375. Reclamation of wildlife.
No wildlife shall be subject to reclamation from impoundment.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-376. Detention time.
ASC staff shall keep all dogs/cats who either are wearing a collar, tag, or implanted
with a microchip or are otherwise deemed by ASC staff to have a presumptive owner
for a period of five (5) working days from the date of impoundment. All dogs/cats
without a collar, tags, microchip, or not otherwise deemed as owned will be held for
a period of three (3) working days from the date of impoundment.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-377. Livestock.
(a) Impoundment for running at-large. The ACO shall impound livestock with a
known owner found to be running at-large within the city limits. Livestock at-
large with no known owner will be considered estray and be the
responsibility of the sheriff's office as required by state law.
(b) Reclamation; fee. The owner of livestock impounded as provided in
subsection (a) of this section may reclaim the livestock by providing proof of
ownership and paying all expenses, including any fee associated with the
capture of the animal, boarding fee, impound fee, and any other expenses
incurred by the ASC.
(c) Adoption/transfer of livestock. Livestock will be held for five (5) working days
past the date of impoundment at which time they will be available for
adoption or transfer to an appropriate rescue group.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-378. Fowl.
No owner, possessor, or harborer of chickens, turkeys, or other fowl shall allow the
fowl to run at-large within the city limits. Fowl running at-large shall be impounded
by the ASC. The owner of any fowl impounded may redeem such by paying any
applicable impound and boarding fees incurred during the impoundment period.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-379. Any other animal.
No owner, possessor, or harborer of any other animal shall allow the animal to run
at-large within the city limits. Any animal running at-large shall be impounded by the
ASC. The owner of any animal impounded may reclaim the animal by paying any
applicable impound and boarding fees incurred during the impoundment period.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-380. Trapping.
(a) Any ACO is authorized to employ the use of humane cage traps for the purpose
of capturing animals, at their discretion, including sick/injured animals, animals
under rabies investigation, abandoned animals, and stray dogs.
(b) Residents of the city wishing to trap unwanted animals may do so with the use
of humane cage traps. The ASC's trapping guidelines and state law shall be
followed. Permission to trap must be obtained in writing from the ASC. As part
of the agreement, the ASC will require permission to enter the property to
remove the trap and any trapped animal(s). The following guidelines shall be
followed while actively trapping:
(1) Traps may be obtained from the ASC; however, a deposit is required and
limited traps are available.
(2) Traps shall be monitored daily.
(3) ASC shall be notified prior to 3:00 p.m. any time an animal is found to be
trapped.
(4) Traps shall be covered at all times.
(5) Traps shall be placed in a protected area safe from harsh elements or
danger. Traps may be placed in an attic, shed, garage, or under a safe
structure, but shall be removed from these areas prior to an ACO servicing
the trap. Traps shall not be placed in direct sunlight.
(c) Trapping is prohibited at the following times:
(1) When the temperature is below 45°;
(2) When the temperature is above 80°;
(3) During inclement weather; and/or
(4) On weekends or city-recognized holidays.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-381. Euthanasia.
(a) Any animal, fowl, or livestock impounded or found at-large within the city
may be humanely euthanized upon determination:
(1) By the health director or his or her designee or a local veterinarian that it
has been injured or is sick and in such state that recovery is seriously in
doubt; or
(2) That it is sick and endangers the health of other animals or persons.
(b) Euthanasia shall be performed humanely by injection of a lethal drug or other
means as approved by state law.
(c) All wildlife known to be a high-risk rabies carrier will be
humanely euthanized. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-382. Transfer of ownership after a period of detention.
(a) Detention period. It shall be the duty of the health director or his or her
designee to hold all impounded animals with a microchip, collar, rabies
vaccination tag, ID tag, or a city license tag attached to the collar for a
detention period of five (5) days, excluding Sundays and city designated
holidays, after the date of impoundment. All impounded animals without a
collar, microchip, rabies vaccination tag, ID tag, or a city license tag attached
to the collar will be held for a detention period of three (3) days, excluding
Sundays and city designated holidays, after the date of impoundment.
(b) Transfer of ownership. After the period of detention has ended, title and sole
ownership of the animal will be transferred to the health director or his or her
designee. Title to the animal is considered vested in the health director or his
or her designee for purposes of passing good title, free and clear of all claims.
When ownership is transferred to the health director or his or her designee,
title and sole ownership of the animal transfers to the health director or his or
her designee, and the animal becomes the sole property of the health director
or his or her designee. The animal becomes subject to disposition by transfer
of ownership, euthanasia, or adoption as the health director or his or her
designee deems appropriate once ownership is transferred.
(c) Eligibility for transfer of ownership, euthanasia, or adoption. Once
ownership of an animal is transferred to the health director or his or her
designee, the animal will be eligible for transfer of ownership, euthanasia,
or adoption, and subject to disposition as the health director or his or her
designee sees fit.
(d) Quarantined animals. This section does not apply to quarantined animals that
are suspected of having rabies or that have been quarantined because the
animal bit or scratched a person. Ownership of quarantined animals will be
transferred to the health director one day after the date that quarantine has
ended excluding Sundays and city-designated holidays if they have not been
redeemed or reclaimed by the original owner.
(e) Animals seized by court order. This section does not apply to animals that
have been impounded pursuant to seizure warrants because the animal is
dangerous and caused injury to a person or has been cruelly treated or
abandoned. Title shall transfer to the health director or his or her designee
one (1) day, excluding Sundays and city designated holidays, after the date of
the hearing on the seizure warrant if the animals have not been reclaimed
pursuant to a court order allowing the animal's owner to maintain ownership
and good title to the animal. If the rightful owner has not reclaimed the animal
obtained pursuant to a seizure warrant within ten (10) days, excluding
Sundays and city designated holidays, after the date of the hearing to
determine whether the animal has been cruelly treated or abandoned,
ownership of the animal will transfer to the health director or his or her
designee.
(f) Immediate transfer of ownership. This section does not preclude a person
from transferring ownership to the health director or his or her designee per
written instrument. Any animals to which an owner has transferred ownership
to the health director or his or her designee via written instrument will be
eligible for transfer of ownership, euthanasia, or adoption immediately and
subject to disposition as the health director or his or her designee sees fit.
(g) Reclamation after impoundment. The person entitled to the possession of any
animal delivered to the ASC shall be entitled to have the animal delivered to
him or her upon presentation of satisfactory evidence of ownership, as
evidenced by the following:
(1) A license issued pursuant to this chapter;
(2) A microchip indicating ownership of the animal;
(3) Receipt for purchase or adoption of the animal;
(4) Records from a veterinarian showing vaccinations administered within the
previous twelve (12) months;
(5) Receipts for payment to a veterinarian or commercial pet service facility
for services rendered to the animal within the past twelve (12) months;
(6) Photographic or videographic records showing the animal and individual
asserting ownership at home or in other environments; or
(7) A signed and notarized affidavit in which the owner of the animal attests
that the animal is his or her property.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-383. through § 14-403. (Reserved)
DIVISION 4
ANIMAL SHELTER ADVISORY COMMITTEE
§ 14-404. Creation.
There is hereby created an animal shelter advisory committee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-405. Representation.
The animal shelter advisory committee (ASAC) shall be composed of five (5)
persons with the following qualifications: one veterinarian; one animal welfare
organization representative; one city official, designated as the LRCA of the city, as
mandated by the Texas Health and Safety Code § 826.017; one person whose
duties include the daily operation of an animal shelter; and one citizen representing
the general public.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-406. The term of office; meetings.
The LRCA of the city and the member whose duties include the daily operation
of an animal shelter shall serve an indefinite term. The veterinarian appointed to
the committee shall serve a term of two
(2) years, the animal welfare organization representative shall serve a term of two
(2) years, and the citizen representing the public shall serve a term of two (2) years.
All terms expire on December 31 . The committee shall meet at least three (3) times
each year.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-407. Duties.
The ASAC shall perform the following duties:
(1) Assist the city in an advisory capacity in complying with the terms of Texas
Health and Safety Code, chapter 823, as amended; and
(2) Assist the city in an advisory capacity in establishing procedures applicable
to the city's ASC as follows:
a. To ensure that the ASC shall separate all animals in its custody at all times
by species, sex (if known), if the animals are not related to one another, by
size;
b. To ensure that the ASC will not confine healthy animals with sick, injured,
or diseased animals;
c. To ensure that the city, at least once a year, employs a veterinarian to
inspect the ASC to determine that such facility complies with the
requirements of Texas Health and Safety Code, chapter 823, as amended.
The veterinarian shall file copies of his report with the person operating the
ASC and with the Texas Department of State Health Services on forms
prescribed by the Texas Department of State Health Services; and
d. To ensure that the shelter operator or contractor maintains the necessary
records required under Texas Health and Safety Code §823.003(e), as
amended.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-408. through § 14-427. (Reserved)
ARTICLE V
RABIES CONTROL5
§ 14-428. Reporting rabid animals, livestock, and wildlife.
It shall be the duty of every animal or livestock owner or harborer, veterinarian,
physician, or any person to report to the local rabies control authority (LRCA) or their
designee all cases of rabies with which he comes in contact or to which his attention
has been directed. This report shall be made immediately upon diagnosis or
suspicion of a case of rabies.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
5. State Law Reference—Rabies Control, Texas Health, And Safety Code § 826.001 Et Seq.
§ 14-429. Reporting rabies exposure.
Every physician or other medical practitioner who treats a person or persons for any
animal bite or scratch, or any person having knowledge of an animal bite or scratch
shall immediately report the bite or scratch to the LRCA or their designee. The report
should include the following information:
(1) Date and time the bite or scratch occurred;
(2) Name, age, and sex of the injured person;
(3) Any and all treatment received, if known; and
(4) Any other information as may be required by the LRCA
or their designee. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-430. Quarantine of animals, livestock exhibiting symptoms.
Any animal or livestock that has symptoms of rabies as verified by a veterinarian
shall at once be placed under rabies quarantine by the LRCA, or tested in
accordance with the department of state health services rules.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-431. Quarantine of biting or attacking animals or livestock.
(a) If any person alleges that an animal or livestock has bitten, scratched, or
otherwise attacked a person within the city limits in a manner that caused a
break in the skin of the person, he shall report the incident to the LRCA or their
designee. It shall be the duty of the owner to deliver the animal or livestock for
quarantine purposes either immediately or the next business day if the bite
occurs after normal operating hours.
(b) Quarantine shall take place either at the ASC or at a local veterinary hospital
for a period of at least ten (10) days (240 hours from the time of the incident).
(c) The LRCA may offer home quarantine on a limited basis as determined by the
LRCA or Director. All criteria for home quarantine as mandated by the LRCA
must be met and approval received from the LRCA. If home quarantine is
offered, owner shall allow LRCA, or designee, access to the home quarantine
area for inspection prior to, and during the home quarantine. If LRCA
determines tests are required, all fees associated with testing shall be borne by
owner.
(d) Impoundment at any approved facility for rabies quarantine purposes shall be
at the expense of the owner of the impounded animal or livestock. No animal or
livestock confined for quarantine purposes under this article shall be released
to any person until all vaccinations required under section 14-41 have been
paid for and scheduled with a licensed veterinarian.
(e) Any owner or harborer of an animal or livestock that has bitten or scratched a
person within the city who fails to turn over the animal for quarantine, or refuses
to allow the quarantine of the animal or livestock pursuant to this section, or
attempts to interfere with impoundment, shall be guilty of a class C
misdemeanor punishable by a fine set out under the provisions of this article.
Each day of refusal constitutes a separate and individual violation. Violators will
receive a citation for each day the animal is not quarantined.
(f) Unvaccinated animals shall not be vaccinated against rabies during the ten (10)
day (240 hours) observation period; however, animals may be treated for
unrelated medical problems diagnosed by a veterinarian.
(g) Animals requiring quarantine at the Animal Services Center must be
spayed/neutered within thirty(30) days after being released from quarantine.
The owner must schedule and provide proof of an appointment and prepayment
prior to picking the animal up from quarantine.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-432. Veterinary care while quarantined.
The following measures shall be followed for an animal under quarantine that is not
showing signs of rabies and requires treatment or unrelated medical care from a
veterinarian:
(1) The veterinary hospital/clinic shall be contacted and notified of the incoming
animal and quarantine status.
(2) The ACO shall follow all veterinary hospital/clinic rules and/or policies regarding
quarantine animals coming into the facility.
(3) The animal shall remain quarantined and away from other animals at all times.
(4) The ACO shall be responsible for safe transport to and from the veterinary
hospital/clinic.
(5) The owner is responsible for meeting the ACO at the veterinary hospital/clinic
and paying for all associated veterinary care.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-433. Seizure warrant.
It shall be the duty of the LRCA or their designee to obtain a seizure warrant for the
seizure and quarantine of an animal that has bitten or scratched a person or animal
if the harborer refuses to release the animal for quarantine.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-434. Citywide quarantine.
(a) Conditions warranting. A citywide quarantine may be invoked by the local
health authority for a period of 30 days after an investigation determines
an immediate threat of rabies exists.
(b) Animals in public restricted. It shall be unlawful for any person to allow
any animal to be taken, whether restrained or not, into any public place
during a period of citywide quarantine.
(c) Extension of time. Additional positive cases of rabies that occur during a
period of citywide quarantine may be grounds for an extension of the
quarantine period for a reasonable period of time.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-435. Animals or livestock bitten or attacked by suspected rabid animals.
Unvaccinated animals or livestock bitten or attacked by another animal or wildlife
suspected of being rabid shall either be destroyed or isolated at the sole expense of
the owner for a period of time as determined from the date of exposure in
accordance with state law.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-436. through § 14-451. (Reserved)
ARTICLE VI CRUELTY TO ANIMALS6
§ 14-452. Food, water, shelter, and shade.
No owner shall fail to provide their animals, fowl, or livestock with sufficient good
and wholesome food and water; adequate shelter, shade, and protection from the
weather; adequate space; humane care and treatment; and reasonable veterinary
care as needed to prevent suffering. All persons owning, possessing, or harboring
animals, fowl, or livestock shall comply with the following requirements:
(1) Shelter and shade. Shelter and shade shall be provided as follows:
a. Animals. Animals shall be provided with access to shelter constructed of
materials sufficient to allow them to remain dry and protected from the
elements. The shelter shall be free of debris or other materials that could
endanger the animal.
1. Shelters shall be fully enclosed on three sides. The structure shall
have a solid attached roof with no gaps and shall have a solid floor
attached to the structure. The fourth side of the shelter shall contain
the entrance to the shelter. Such entrance shall be flexible to allow the
animal's entry and exit and sturdy enough to block entry of wind, rain,
hail, sleet, snow, subfreezing temperatures, and any other elements
deemed detrimental to the animal's health or well being.
2. The shelter shall be small enough to retain the animal's body heat and
large enough to allow the animal to stand and turn comfortably. The
enclosure shall be structurally sound and in good repair.
3. Clean and dry bedding that does not retain moisture shall be provided
in the form of straw or hay. Materials such as blankets, sheets, and
towels shall not be considered adequate bedding.
4. A suitable method shall be provided to eliminate excess water from
the shelter area.
5. Shade either natural or artificial shade with adequate ventilation shall
be provided to protect the entire animal from direct sunlight at all times
of the day.
b. Livestock. Livestock shall be provided with access to shelter to allow
them to remain dry during rain and snow and protected from severe
weather. Such shelter shall have three solid sides and a roof. It shall be
structurally sound and in good repair to protect the livestock from injury.
Such shelter will provide a minimum amount of space sufficient to
accommodate all livestock confined within the shelter, as provided in
section 14-198(e). Either natural or artificial shade shall be provided to
protect livestock from direct sunlight. If shade is provided by the
enclosure, allowance shall be made for adequate ventilation. A suitable
method shall be provided to eliminate excess water from the shelter
area.
(2) Chaining and tethering animals.
a. It shall be unlawful to keep an animal or livestock on a chain or rope placed
in a manner that makes it possible for the animal to become entangled with
the restraints of other animals or livestock or with any other objects.
b. It shall be unlawful to attach a collar or harness to an animal that chokes
or pinches the animal unless a rope or tether is attached to the collar and
is being held by a person.
c. It shall be unlawful for any animal to be attached to a chain or tether that
weighs ten percent or more of the animal's body weight.
d. It shall be unlawful to stake a cat outside on a leash, tether, chain, or
similar apparatus.
e. It shall be unlawful to restrain an animal outside with a chain or tether
unless:
A person is holding the chain or tether; or
2. The dog's owner or handler remains outside within clear view of the
animal and within 50 feet of the animal throughout the period of
restraint.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
6. State Law Reference—Treatment And Disposition Of Animals, Texas Health And Safety Code §
821.001 Et Seq.; Cruelty To Animals, Texas Penal Code § 42.09.
§ 14-453. Inhumane treatment.
(a) No person shall beat; cruelly treat; torment; mentally abuse; overload;
overdrive; overwork; kill; torture; mutilate; maim; or perform, cause to be
performed, or permit to be performed any other act of cruelty upon any animal,
wildlife, fowl, or livestock.
(b) A person commits an offense if either through their action or omission, they
allow any of the following:
(1) No person other than a licensed veterinarian shall crop the ears, dock the
tail, remove the dewclaws, or perform any surgery on any animal, wildlife,
fowl, or livestock, excluding livestock castration and dehorning. Transfer
ownership or otherwise physically remove from its mother any dog, cat,
ferret, or rabbit less than eight (8) weeks old, or any other animal that is
not yet weaned except as advised by a licensed veterinarian.
(2) Abandons any animal that he or she has possession or ownership of at the
ASC, or at any other place of business, on public property, or with any
person that has not consented or has revoked consent to be responsible
for the care of the animal.
(3) Fails to reclaim any animal that he owns from the ASC or any person who
had temporary possession of the animal.
(4) Causes or allows an animal to remain in its own waste or excrement.
(5) Owns or has care, custody, or control of an animal having an infestation of
ticks, fleas, or other parasites without having the animal treated by a
veterinarian or following a proper commercially available treatment regimen
for the infestation.
(6) Owns or has care, custody, or control of an animal having an obvious or
diagnosed illness, injury, or communicable illness transmittable to animals
or humans without having the animal treated by a veterinarian or following
a proper treatment regimen for the injury or illness.
(7) Fails to provide basic grooming for an animal.
(8) Causes, allows, or trains an animal to fight another animal or possesses
animal fighting paraphernalia or training equipment.
(9) Fails to provide an animal owned by him or under his care, custody,
or control with the necessities of life including adequate food; potable
water; sanitary conditions; shelter or protection from the heat, cold, and
other environmental conditions; or other circumstances that may cause
bodily injury, serious bodily injury, or death of the animal.
(10) Teases, taunts, or provokes an aggressive reaction from an animal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted
4/19/22)
§ 14-454. Abandonment of animals; release of wildlife.
(a) Abandonment means to leave an animal without human supervision,
unattended, and/or without adequate provisions necessary for maintenance of
life for an unspecified amount of time or fails to reclaim any animal that he/she
owns from the ASC or any person who has temporary possession of the animal.
(b) It shall be unlawful for any person to abandon or turn any animal, excluding
wildlife, loose within the city limits.
(c) It shall be unlawful for any person to abandon any animal that he/she has
possession or ownership of at the ASC and/or any other place of business, on
public property, or with any person that has not consented, or has revoked
consent to be responsible for the care of the animal.
(d) It shall be considered abandonment and is unlawful for any person to relinquish
any animal to the ASC staff while withholding information regarding ownership
or falsifying information.
(e) It shall be unlawful for any person having custody of any wildlife to abandon
such wildlife that is incapable of surviving on its own in the environment into
which it is released.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-455. Giving animals as prizes or inducements; artificially colored baby
fowl or animals.
(a) No person shall give away any live animal, reptile, fowl, livestock, or wildlife as
a prize for or inducement to enter any contest, game, or other competition; an
inducement to enter a place of amusement; or as an incentive to enter into any
business agreement whereby the offer is for the purpose of attracting trade.
(b) No chick, duckling, gosling, rabbit, or hamster that has been dyed or otherwise
colored artificially shall be sold or offered for sale; offered or given as a prize,
premium, or advertising device; or displayed in the city.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-456. The duty of a motor vehicle operator to report accidents involving
animals, fowl, or livestock.
Any person who, as the operator of a motor vehicle within the city, strikes any
animal, fowl, or livestock shall stop at once, render such assistance as may be
practicable, and report the accident to an appropriate law enforcement agency or
the ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-457. Exposing poisonous substances or traps.
(a) No person shall expose any known poisonous substance, whether mixed with
food or not, so that the poison shall be likely to be eaten by an animal, fowl,
livestock, wildlife, or person. This subsection is not intended to prohibit the
prudent use on one's own property of herbicides, insecticides, or common
rodent control materials (e.g., rat poisons) mixed only with a vegetable
substance.
(b) No person shall expose an open-jaw-type trap, leg hold trap, snare trap, or any
type trap able or likely to cause physical harm or injury to any animal, fowl,
livestock, wildlife, or person.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-458. Confining animals to motor vehicles.
(a) No animal shall be confined within a motor vehicle at any location under such
conditions as may endanger the health or well-being of the animal, including,
but not limited to, dangerous temperature; lack of food, water or attention; or
confinement with a dangerous animal. Endangered health may be
demonstrated by but not limited to the animal's excessive drooling, panting,
lethargic behavior, collapse, vomiting, or convulsions. It is presumed that an
animal's health, safety, or welfare is endangered when the animal is confined
in a parked or standing vehicle for a period of five (5) or more minutes when the
ambient outside air temperature measures above 85°F or below 35°F.
(b) If an animal is left in the open bed or flatbed of a vehicle while the vehicle is
parked, the owner or possessor of the animal and/or the driver of the vehicle is
responsible for providing adequate ventilation, water, shelter, and shade as
needed to prevent endangering the health or well-being of the animal.
(c) Any ACO or peace officer is authorized to remove any animal from a motor
vehicle at any location when he reasonably believes it is confined in violation of
subsection (a) of this section. Any animal so removed shall be delivered to the
ASC. The removing officer shall leave written notice of removal and delivery,
including their name, in a conspicuous, secure location on or within the vehicle.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-459. through § 14-486. (Reserved)
ARTICLE VII
CARE OF ANIMALS
§ 14-487. Sanitation; odor and vector control; cage sizes.
Every owner, possessor, or harborer of animals, fowl, and livestock shall comply
with the following regulations and sanitation requirements:
(1) Animal waste. Animal waste shall be disposed of on a daily basis.
(2) Odor and vector control required. All persons keeping animals within the city
limits shall keep the premises upon which the animals are kept clean and
free from noxious and unpleasant odors and shall use some form of chemical
control at reasonable intervals to keep the premises free from flies,
mosquitoes, ticks, fleas, and other vectors.
(3) Cage size. An owner, possessor, or harborer of an animal shall confine the
animal in an enclosure sufficient to prevent its running at-large. Such
enclosure shall be of sufficient size to maintain the animal comfortably and
in good health. The animal must be able to stand, turn around, sit, and lie
down in a natural position.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-488. Storage of feed.
All feed provided for animals shall be kept in a rat-proof, fly-proof
container. (Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022
adopted 4/19/22)
§ 14-489. Keeping of wildlife.
No person shall keep or permit to be kept on his premises any wild animal. This
section shall not be construed to apply to approved zoological parks, performing
animal exhibitions, circuses, animals kept for treatment in a facility operated by a
veterinarian, or animals used for research or teaching purposes by a licensed
hospital or nonprofit university, college providing a degree program, wildlife
education center, or wildlife rehabilitators and their subpermit holders.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-490. through § 14-517. (Reserved)
ARTICLE VIII
ANIMAL HEARINGS
§ 14-518. Right to hearing.
The following determinations may be appealed under the procedures in this article:
(1) Denial of any permit applied for under this chapter; and
(2) Revocation of any permit applied for under this chapter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-519. Notice of right and request for hearing.
Any determination that results in the right to a hearing under section 14-518 must be
given in writing as an official notice to the owner, caregiver, or possessor of the
animal.
(1) Such writing must provide the owner, caregiver, or possessor of the animal with
notice of the right to a hearing and instructions on the procedure for requesting
a hearing.
(2) A written request for a hearing must be filed with the health director within five
(5) days of receiving written notice of the determination.
(3) The owner, caregiver, or possessor of the animal shall be granted a hearing
within ten (10) days of receipt of a request for a hearing.
(4) If no request for a hearing is received by the director within five (5) days of
receipt of the written notice of the determination by the owner, caregiver, or
possessor of the animal, the determination will be considered sustained and
shall become final.
(5) Notice as required in this section is properly served when it is hand-delivered to
the owner, caregiver, or possessor of the animal, or when it is sent by registered
or certified mail, return receipt requested, to the last known address of the
owner, caregiver, or possessor of the animal. A copy of the notice shall be filed
in the records of the regulatory authority.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-520. Representation.
The owner, harborer, or other relevant party may choose to represent himself at
the hearing or be represented by a licensed attorney, retained at his own expense.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-521. Conduct of hearing.
The health director or his or her designee shall conduct the hearings provided for
in this article at a time and place designated by the health director. Based upon the
recorded evidence of such hearing, the health director or designee shall make final
findings of fact and shall sustain, modify, or rescind any notice or order considered
in the hearing. A written report of the hearing decision shall be furnished to the
owner, caregiver, or possessor of the animal by the health district. If the outcome
of the hearing allows for the re-issuance of a license, a reapplication fee shall be
assessed at the discretion of the health director.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
2. This ordinance modifying Chapter 14 shall go into effect on December 6,
2024.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
g(t1A-(,
City Clerk