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

Animal means any live creature, domestic or wild.

Animal shelter means any facility operated by a humane society, or municipal agency, or licensed veterinarian, for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

At large means any animal not secured by a leash or lead, and not physically restrained within the real property limits of its owner.

Exposed to rabies means that an animal, domestic or wild, has been bitten by any other animal known or reasonably suspected to be infected with rabies.

Kennel means any lot, building, structure, enclosure, or premises wherein six (6) or more animals, four (4) months of age or older, are kept or maintained for the purpose of breeding, training, boarding, or raising for profit or pleasure.

Owner means any person owning, keeping, or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered.

Pet means any animal kept for pleasure rather than utility.

Public nuisancemeans any animals which do any of the following:

(1) Molest passersby or passing vehicles.

(2) Attack other animals without provocation.

(3) Trespass on school grounds.

(4) Are at large.

(5) Damage private or public property.

(6) Bark, whine, or howl in an excessive, continuous, or untimely fashion.

Sterilization, in the male, means a testectomy; in the female, an ovarizectomy.

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

Vicious animal means any animal that by reason of its behavior would constitute a physical threat to human beings or other animals.

Wild animal means any animal of the canine or feline species normally found in a wild state, and poisonous snakes, raccoons, skunks, opossums, and badgers, or other animals that must be kept in confinement to be brought within the immediate control of the owner.

(Ord. No. 080586-A, Sec. 1, adopted 8-5-86)

State law reference-Definitions relating to rabies control, V.T.C.A., Health & Safety Code, Sec. 826.002.
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ARTICLE 2.200 ENFORCEMENT OFFICER

(a) The chief of police is hereby designated as public health authority for the city for the purposes of administering the Rabies Control Act of 1981 (V.T.C.A., Health & Safety Code, Sec. 826.001 et seq.) as well as any ordinances enacted by the city council related to the control of rabies.

(b) Such designation shall otherwise have no effect on any duties or responsibilities of any public health officer or sanitarian otherwise appointed by the city council.

(Ord. No. 6107, Sec. I, II, adopted 4-15-80)
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ARTICLE 2.300 AUTHORITY OF ANIMAL WARDEN

The chief of police is to supervise the animal warden who shall be responsible for all animal control efforts in the city. The animal warden shall maintain such efforts as required to provide for the safety of the citizenry and preclude any increase in stray animal population. The animal warden shall provide for the capture, humane treatment and disposal of stray animals in the city. The animal warden shall perform other related tasks as assigned by the chief of police.

(Ord. No. 062684-C, Sec. 7c, adopted 6-26-84)
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ARTICLE 2.400 AUTHORIZATION OF POUND

The city council shall select and establish an animal control center as a place within the city for impounding animals found running at large.

(Ord. No. 080586-A. Sec. 2, adopted 8-5-86)
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ARTICLE 2.500 VIOLATIONS

Citation for the violation of any one (1) or more of the conditions prohibited by this chapter shall subject the owner or caretaker to a fine as provided in Section 1.105 [of this Code] upon conviction. Each incident shall constitute a misdemeanor and warrant a separate citation for each and every offense observed or reported.

(Ord. No. 080586-A, Sec. 17, adopted 8-5-86)
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ARTICLE 2.600 IMPOUNDMENT; SALE; DISPOSAL OF ANIMALS

(a) Unlicensed animals found running at large shall be taken up and confined in the animal control center in a humane manner for a period of three (3) days. Such animals may be disposed of in a humane manner if not claimed by their owner or adopted. Licensed animals found running at large shall be taken up and impounded in the animal control center for a period of six (6) days. After all has failed, they may be disposed of in a humane manner or adopted.

(b) The animal control officer shall attempt to contact the owner of record. After three (3) days of confinement, the animal shall remain in confinement for an additional three (3) days for purposes of adoption. Failing that, the animal shall be disposed of.

(c) Any animal unclaimed at the expiration of the prescribed period shall become the property of the city and disposed of at the discretion of the city. Pursuit of animals found running at large may extend to entry on private property in order to capture and impound an animal, provided that no fenced enclosure or structure may be entered without express permission of the owner or person in charge of the premises.

(d) When animals are impounded and their ownership is known, the animal control officer shall make a reasonable effort to notify the owners of such animals and inform them of the conditions whereby they may regain custody of such animals.

(e) No unsterilized female animal which has been impounded by reason of its being a stray shall be allowed to be adopted from the animal shelter unless the prospective owner shall agree to have such animal sterilized. Sterilization is required only if the owner resides within the city.

(f) No animal may be released from the animal control center until such animal is vaccinated for rabies or the owner presents proof of current vaccination for rabies. Without proof of vaccination, the animal must be vaccinated within view of the animal control officer, or produce receipt from a licensed veterinarian stating a vaccination has been paid in advance.

(Ord. No. 080586-A, Sec. 3, adopted 8-5-86)
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ARTICLE 2.700 REDEMPTION OF IMPOUNDED ANIMALS

The owner of any animals impounded under this chapter may redeem the same as follows:

(1) Before sale. By paying the expenses of taking up and keeping and the city's fee for impounding the same, together with the cost of advertising, if any.

(2) After sale. By paying to the purchaser the amount spent on adoption for such animals and his reasonable expenses for keeping the same; provided the owner so redeems such animal within thirty (30) days after the date of sale; otherwise such animal shall become the absolute property of the purchaser.

(Ord. No. 080586-A, Sec. 4, adopted 8-5-86)
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ARTICLE 2.800 IMPOUNDMENT FEES

(a) The following shall be the fees charged as poundage for taking up the impounding of such animals:

(1) Ten dollars ($ 10.00) per head;

(2) Fifteen dollars ($15.00) per head for the second time within a twelve-month period;

(3) Twenty dollars ($20.00) per head in any case in which the same owner's animals are impounded for the third or more times in any twelve-month period.

(b) Fees for taking care of such animals per head per day is five dollars ($5.00), plus the cost of newspaper advertisement if any.

(Ord. No. 080586-A, Sec. 5, adopted 8-5-86)
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ARTICLE 2.900 ADOPTION FEES

Persons wishing to adopt any unclaimed animal from the animal control center may purchase such animals from the city by paying a twenty dollar ($20.00) adoption fee and by meeting other requirements of this chapter relating to vaccination, sterilization, and licensing

(Ord. No. 080586-A, Sec. 6, adopted 8-5-86)
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ARTICLE 2.1000 COLLECTION OF FEES

All fees, costs and proceeds from the sale of impounded animals shall be collected by the utilities office during office hours, or the central dispatch office if necessary after office hours. The animal control officer shall furnish the chief of police a monthly report detailing each and every transaction.

(Ord. No. 080586-A, Sec. 5, adopted 8-5-86)
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ARTICLE 2.1100 RECORDS TO BE KEPT

The animal control officer shall keep a record giving the description of all animals impounded, the date of impoundment, the date of sale, the amount realized for each such animal and the name of its purchaser.

(Ord. No. 080586-A, Sec. 7, adopted 8-5-86)
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ARTICLE 2.1200 CONFINEMENT OF CERTAIN ANIMALS

(a) The owner shall confine within a building or secure enclosure every fierce, dangerous or vicious animal, or any wild animal, and not take such animal out of such building or enclosure unless such animal is securely muzzled and controlled.

(b) Every female animal in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that another animal cannot come in contact with it except for controlled purposes.

(c) No wild animals may be kept within the city except under such conditions as shall be fixed by the city council; provided, however, that wild animals may be kept for exhibition purposes by circuses, zoos, and educational institutions in accordance with such regulations as may be established by the city council.

(d) Any animal described in sections (a) and (c) of this article which is found at large or declared to be a public nuisance shall be impounded by the city animal control officer and may not be redeemed by owners unless such redemption be directed by a court of competent jurisdiction.

(Ord. No. 080586-A, Sec. 8, adopted 8-5-86)
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ARTICLE 2.1300 LICENSE REQUIRED

Any person owning, keeping, harboring, or having custody of any dog, cat, or wild animal over four (4) months of age within the city must obtain a license for such animal.

(Ord. No. 080586-A, Sec. 9, adopted 8-5-86; Ordinance adopting Code)
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ARTICLE 2.1400 LICENSE: IDENTIFICATION TAGS

Application for a license required by this chapter must be made within thirty (30) days after obtaining an animal of five (5) months age or over with the city utilities office. This requirement will not apply to a nonresident keeping an animal within the city for no longer than sixty (60) days. If not revoked, licenses shall be for a period of up to one (1) year. Dogs must wear identification tags at all times when off the premises of the owner.

(Ord. No. 080586-A, Sec 10, adopted 8-5-86)
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ARTICLE 2.1500 LICENSE FEES

The fees for licenses required by this chapter shall be three dollars ($3.00) for a male animal or sterilized female animal and five dollars ($5.00) for an unsterilized female animal.

(1) License fees shall not be required for Seeing-Eye dogs or governmental police dogs.

(2) Such fees shall not apply to persons who keep dogs as a part of a business entity whose main purpose is the selling and buying of dogs. As evidence or qualification of the right to this exemption, the person who is responsible for such business entity shall present a limited sales tax permit issued by the state.

(Ord. No. 080586-A, Sec. 10, adopted 8-5-86)
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ARTICLE 2.1600 RABIES CONTROL: REPORT OF RABID ANIMALS

It shall be the duty of the owner, the harborer, and the practicing veterinarian to report to the police department all rabid animals, animals exposed to rabies, or exhibits symptoms of rabies, or any animal which bites a person, and immediately confine such animal until the city officer arrives. The owner, harborer, veterinarian shall upon demand by the police officer, animal control officer, surrender any such animal for quarantine for a period of not less than ten (10) days.

(Ord. No. 080586-A, Sec. 11, adopted 8-5-86)
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ARTICLE 2.1700 QUARANTINE: TESTING

(a) When a dog or cat which has bitten a human has been identified, the owner will be required to place the animal in quarantine. The ten-day observation period will begin on the day of the bite incident. The animal must be placed in the animal control facilities specified for this purpose, if available. However, the owner of the animal may request permission from the local health authority or chief of police for home quarantine if the following criteria can be met:

(1) Secure facilities must be available at the home of the animal's owner, and must be approved by the local health authority or chief of police. A chain of sufficient strength to restrain the animal is required.

(2) The animal is currently vaccinated against rabies.

(3) The local health authority or chief of police or licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the local health authority or chief of police must be notified by the person having possession of the animal. At the end of the observation period the release from quarantine must be accomplished in writing.

(4) The animal was not in violation of any laws at the time of the bite.

(5) If the biting animal cannot be maintained in secure quarantine, it shall be humanely destroyed and the brain submitted to a state department of health certified laboratory for rabies diagnosis.

(b) No wild animal will be placed in quarantine. All wild animals involved in biting incidents will be humanely killed in such a manner that the brain is not mutilated. The brain shall be submitted to a state department of health certified laboratory for rabies diagnosis.

(c) If the owner elects to place the animal in a veterinary clinic, he shall be responsible for all costs.

(d) The fee for quarantine in the city animal control center shall be a ten dollar ($10.00) pickup fee and five dollars ($5.00) per day for keeping the animal.

(Ord. No. 080586-A, Sec. 12; Sec. 8-5-86)
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ARTICLE 2.1800 VACCINATION REQUIRED

It shall be unlawful for the owner of any dog or cat to keep or maintain such dog or cat unless it shall have been vaccinated by a licensed veterinarian by the time it is four (4) months of age or annually thereafter or have proof that such vaccination has been administered within one (1) year preceding the date on which such dog or cat is kept and maintained.

(Ord. No. 080586-A, Sec. 13, adopted 8-5-86; Ordinance adopting Code)

State law reference-Vaccination against rabies, V.T.C.A., Health & Safety Code, Sec. 826.021.
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ARTICLE 2.1900 POISONING ANIMALS. USE OF TRAPS PROHIBITED

(a) No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any domestic animal or person. This article is not intended to prohibit the prudent use of herbicides, insecticides, or rodent control materials.

(b) No person shall expose an open trap of metal jaw type that shall be liable to injure any domestic animal or person.

(Ord. No. 080586-A, Sec. 14, adopted 8-5-86)
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ARTICLE 2.2000 SANITARY MAINTENANCE

(a) The owner of every animal shall be responsible for the removal of any excreta deposited by his animal on public walks, recreation areas, or private property.

(b) All persons keeping animals within the city shall keep the premises upon which such animals are kept clean and free from noxious and unpleasant odors and shall use some standard spray and/or other chemical control at reasonable intervals so as to keep such premises free from flies, mosquitoes, and other vectors.

(Ord. No. 080586-A, Sec. 15, adopted 8-5-86)
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ARTICLE 2.2100 UNLAWFUL TO INADEQUATELY CARE FOR AND MAINTAIN ANIMALS

It shall be a nuisance for any species of animal, fowl or fish to be improperly cared for resulting in malnutrition, lack of adequate shelter, lack of maintenance of species and environment resulting in offensive odor or unsightly conditions, lack of control and proper restraints resulting in the species making contact with another person's property and/or possessions whether public or private, and lack of control and attention resulting in noises disturbing to persons in the surrounding area.

(Ord. No. 080686-A, Sec. 16, adopted 8-5-86)
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ARTICLE 2.2200 KEEPING HOGS PROHIBITED

(a) It shall be unlawful for any person to own, maintain or keep hogs in any pen or enclosure within the city; provided, however, this shall not apply to a bona fide shipper who does not keep a hog in one (1) place longer than twenty-four (24) hours.

(b) Any person who shall keep any hog within the city, except as provided in subsection (a), shall be deemed guilty of creating a nuisance. Such act of keeping such animal as prohibited herein shall constitute and is hereby declared to be a nuisance and detrimental to the public health of the citizens of the city and shall be deemed guilty of a misdemeanor. Each twenty-four (24) hours of such unlawful keeping of such animals within the city shall constitute a separate offense.

(c) The owner of any premises upon which a hog may be kept by others shall be guilty of the offense of unlawfully keeping hogs within the city, regardless of the ownership of such hogs.

(Ord. No. 6102, Sec. 1-3, adopted 1-13-48)
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ARTICLE 2.2300 FOWL AT LARGE PROHIBITED

It shall be unlawful for any person to willfully permit any chicken, turkey, goose, duck or other domestic fowl to run at large on the property of any person not the owner of such fowl, or upon any street or alley, or other public place within the city.

(Ord. No. 6101, Sec. 1, adopted 7-9-40)
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ARTICLE 2.2400 STAKING ANIMALS ON PUBLIC WAYS PROHIBITED

Any person who shall stake any horse, mule, cow, or other animal on, along, or across any public street, alley, or sidewalk within the city shall be deemed guilty of a misdemeanor.

(Ord. No. 6103, Sec. 1, adopted 7-8-1897)
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