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Sec. 6-1. - Definitions.

(a) As used in this chapter, the following words have the meanings ascribed to them in this section:

Animal means any living vertebrate creature, domestic or wild, other than Homo sapiens.

Animal Care Officer means the Animal Care Services division manager, employees of the Animal Care Services division, or authorized agents of Animal Care Services.

Animal Care Services means a division of the Department of Public Health responsible for enforcing state and local laws, ordinances, rules, and regulations regarding the care and keeping of animals, including the provisions of this chapter.

At large or running at large means any animal within the city not kept under restraint.

Attack means to set upon with violent force.

Auction means any place or facility within the city where animals are regularly bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this chapter.

Cat means a domesticated member of the Felidae (feline) family, other than a bobcat, cougar, jaguar, leopard, lion, panther, tiger, or other prohibited animal.

Circus means a commercial variety show featuring animal acts for public entertainment.

City Health Officer means the director of the Department of Public Health for the city or the director's designee.

City animal shelter means a place operated by or for the city, whether in city facilities or by contract, for the detention of dogs, cats, and other animals as prescribed by law.

Collar or harness means a band of leather, nylon, rope, or similar material, excluding chain if utilized for training purposes, that is commonly used on an animal to aid in control of movement of the animal, by the animal's owner, and to which a leash or lead can be attached.

Commercial animal establishment means any auction, circus, hatchery, kennel, performing animal exhibit, performing animal exhibition, pet shop, rodeo, stable, or zoological park or any lot, building, structure, or premises within the city used for the business of buying, selling, grooming, breeding, or boarding of animals.

Commercial property means:

(1) Any portion of land or buildings, excluding publicly owned property, that is zoned or utilized for commercial or business uses within the city, including temporary sites.
(2) Any vehicle utilized for commercial or business purposes within the city.

Dangerous animal means:

(1) Any animal that, without provocation, scratches, bites, or attacks and injures any human being within the city and that occurs in a place other than an enclosure in which the animal was being kept and which enclosure was reasonably certain to prevent the animal from leaving the enclosure on its own.
(2) Any animal that, without provocation, scratches, bites, or attacks and injures or kills a domesticated animal and that occurs in a place other than an enclosure in which the animal was being kept and which enclosure was reasonably certain to prevent the animal from leaving the enclosure on its own.
(3) Any animal that, without provocation, commits acts in a place other than an enclosure in which the animal was being kept and which enclosure was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person. 

Dog means a domesticated member of the Canidae (canine) family, other than a coyote, dingo, fox, jackal, wolf, wolf hybrid, or other prohibited animal.

Dog or cat registration means a privilege granted, upon compliance with the terms of this chapter, to lawfully own, keep, harbor, or have custody or control of a dog or cat within the city .

Dog or cat registration tag means a metal tag displaying a serial number corresponding to the number of the dog or cat registration for the animal for which it was issued, showing the calendar year the registration was issued, and which must be attached to the animal's collar or harness for which it was issued.

Food means:

(1) With respect to food processing or food service establishments, any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or sale, in whole or in part, for human consumption.
(2) With respect to animals any commercially processed and packaged substance intended for use by an animal owner to meet and maintain the nutritional needs of the animal for which it was processed and packaged.

Food processing establishment means any place in which food is commercially manufactured or packaged for human consumption.

Food service establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, the location of vending machines, and supply vehicles.

Fowl means any live bird.

Grooming shop means a commercial enterprise where two or more dogs or cats over four (4) months of age are groomed, upon agreement with the dog or cat owner, on a service-for-fee basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances.

Guard dog means any dog that is utilized to protect commercial property.

Hatchery means a commercial enterprise regularly engaged in supplying, selling, or offering for sale any fowl to commercial or agricultural customers.

Impound means to take into custody, place in the city animal shelter, be observed by a licensed veterinarian at a veterinary hospital.

Kennel means a commercial enterprise, excluding a veterinary hospital, where four or more dogs or cats over four (4) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed on a daily, weekly, or monthly basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for kennel use, if required by the city's zoning and construction ordinances.

Licensed veterinarian means a veterinarian licensed by the Texas State Board of Veterinary Medical Examiners.

Livestock means farm animals, such as horses, ponies, mules, donkeys, cattle, goats, sheep, and swine.

Owner means any person owning, keeping, or harboring one or more animals. An animal is deemed to be harbored if it is fed or provided water. An animal is deemed to be kept if it is fed or provided water and sheltered or restrained except upon the authorization of the Animal Care Services manager.

Performing animal exhibit means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event does not exceed two (2) calendar days in duration.

Performing animal exhibition means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event exceeds two (2) calendar days in duration.

Pet means any animal not otherwise prohibited under this chapter that is kept for pleasure rather than utility.

Pet shop means a commercial enterprise regularly engaged in the buying and selling of animals and animal-related products. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the City's zoning and construction ordinances.

Poultry means any species of domesticated fowl commonly kept for eggs or meat, such as chickens, turkeys, ducks, or geese.

Prohibited animal means any animal, other than a common household pet, such as a canary, finch, cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish, or small nonpoisonous reptiles, that poses a potential physical or disease threat to the public or that is protected by international, federal, or state laws or regulations, and includes, but is not limited to, the following:

(1) Within the Class Reptilia: Family Helodermatidea (venomous lizards); Family Varanidae (monitors); Order Ophidia, Family Boidoe (boas, pythons, and anacondas); Family Hydrophiidae (marine snakes); Family Viperidae (rattlesnakes, copperheads, cottonmouths, pit vipers, and true vipers); Family Elapidae (coral snakes, cobras, and mambas); Family Colubridae, Dispholidus Typus (boomslang), Cyclagras gigas (water cobra), Boiga dendrophila (mangrove snake) and Kirtlandii (twig snake) only; order Crocodilia (crocodiles, alligators, caimans, and gavials);
(2) Within the Class Aves: Order Falconiforms (hawks, eagles, and vultures) and subdivision Rapitae (ostriches, rheas, cassowaries, and emus);
(3) Within the Class Mammalia: Order Carnivora, Family Felidae, (such as cougars, tigers, lions, bobcats, and ocelots) except domesticated cats, Family Canidae (such as wolves, dingos, coyotes, and jackals) except domesticated dogs, Family Mustelidae (such as weasels, skunks, martins, mink, badgers), Family Procyonidae (such as raccoons), and Family Ursidae (such as bears); Order Marsupialia (such as kangaroos and opossums); Order Chiroptera (bats); Order Edentata (such as sloths, anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees, and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope, deer, bison, and camels); and
(4) Within the Class Amphibia: Poisonous frogs, toads, and salamanders.
Provocation means any purposeful act that causes an animal to scratch, bite, or attack in protection of itself, the owner, or the owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with this chapter is considered provocation, irrespective of the reason for the entrance.

Public nuisance means any animal that:

(1) Is a dangerous dog within the meaning of Chapter 822, Health and Safety Code, as it may be amended.
(2) Trespasses on school grounds.
(3) Is repeatedly at large.
(4) Damages private or public property.
(5) Barks, whines, howls or makes other annoying noises in an excessive, continuous or unreasonable fashion, or at unreasonable hours.
(6) Attacks and injures or kills a domestic animal.

Pursuit means the continuous act of chasing or attempting to overtake a fleeing animal.

Rat-proof means a state of being constructed so as to effectively prevent the entrance of rats.

Restraint means any animal that is securely caged; secured by a leash or lead attached to a collar or harness and under the effective control of a responsible person and obedient to that person's commands, within the confines of its owner's home or yard which is fully enclosed by a secure and substantial fence; or properly tethered. Horses must be kept in stalls, or in pastures or paddocks with secure and substantial fencing. In addition, a dog is deemed under restraint in the following circumstances:

(1) When the dog is entered in a bona fide dog show, field trial, or exhibition held within the city, while the dog is actually engaged in the show, trial, or exhibition.
(2) When the dog is accompanied by and in the presence of its owner, master, or trainer, while the dog is actually engaged in dog obedience training; provided, the person training the dog has in the person's possession a leash of at least five  feet and not more than ten (10) feet in length and of sufficient strength to control the dog.
(3) When the dog is used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city.
(4) When the dog is utilized by a licensed peace officer for law enforcement purposes.

Stable means any place that provides:

(1) Any horse, pony, donkey, or mule for hire.
(2) Boarding or grazing for any horse, pony, donkey or mule.
(3) Riding instruction on any horse, pony, donkey, or mule.

Sanitary means any condition of good order and cleanliness, free from the elements of filth or bacteria that endanger health.

Tether means to restrain an animal by rope, chain, or a similar material attached to a collar or harness so that an animal is fastened to a fixed object or other device so as to limit its range of movement.

Vaccination certificate means the certificate issued by a licensed veterinarian in a form that meets the minimum standards approved by the Texas Board of Health for presentation to the Animal Care Services division as a condition precedent to the granting of a dog or cat registration, and showing on its face that, at the time of presentation, the dog or cat covered by the certificate has been vaccinated for rabies.

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

Zoological park means any lot, building, structure, enclosure, or premises, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animals and that is accredited by a recognized national or state zoological entity. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances.

(b) The words "animal," "cat," "dog," "fowl," "livestock," and "poultry" include both the male and female gender.
(c) The singular form of words includes the plural form and vice versa.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-2. - Penalties.

(a) No person may violate any provisions of this chapter. A violation of any of the provisions of this chapter constitutes a violation of a public health law. A violation is punishable by a fine of not less than fifty dollars $50.00 plus court costs nor more than two thousand dollars ($2,000.00) plus court costs.
(b) Violations of this chapter are treated as strict liability offenses. There is no need to prove that the person had an intent to violate the provision with which the person is charged under this chapter.
(c) Each day a violation continues constitutes a separate offense.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-3. - Animal care services division and manager.

(a) The Animal Care Services division is a unit of the Department of Public Health and is in the charge of a person having suitable qualifications and designated by the city as the Animal Care Services manager.
(b) In addition to the duties specifically prescribed in this chapter, it is the responsibility of the Animal Care Services manager to execute other duties under the jurisdiction of the Department of Public Health as the City Health Officer may delegate.
(c) The Animal Care Services manager shall supervise the operation of the city animal shelter.
(d) All monies collected by the Animal Care Services division under the terms of this chapter must be paid to the collections section of the city in accordance with the policies of the city's Finance Department.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-4. - Interference with Animal Care Officer.

No person may interfere with an Animal Care Officer while an officer is engaged in the performance of the officer's duties.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-5. - Pursuit of animals.

For purposes of discharging the duties imposed by the provisions of this chapter, or other applicable laws, and to enforce the same, an Animal Care Officer or police officer may enter upon private property to the fullest extent permitted by law, except dwellings located on the property, when in pursuit of any animal which the officer has reason to believe is subject to impoundment under the provisions of this chapter or other applicable laws.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-6. - Regulations.

Regulations providing for the interpretation and enforcement of this chapter may be adopted by the City Health Officer. The regulations are effective after review at a public meeting held by the Animal Control Advisory Committee. A copy of the regulations will be kept on file in the city secretary's office.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-7. - Compliance with chapter required for keeping animals.

No person may do any act forbidden or fail to do any act required in this chapter.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-8. - Compliance with sanitation standards required for keeping animals.

The owner of any animal within the city and the holder of any commercial permit issued under this chapter must comply with the standards of sanitation established by the City Health Officer under this chapter.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-9. - Compliance with chapter not relief from compliance with federal, state, and city laws, rules, and regulations.

The keeping of any animal in accordance with the provisions of this chapter may not be construed to authorize the keeping of the animal in violation of any federal, state, or city laws, rules, and regulations, including the zoning ordinances or any other ordinance of the city.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-10. - Inspection of animals and premises.

Animals and premises where animals are kept or maintained are subject to inspection by the City Health Officer, the City Health Officer's designee, the Animal Care Services manager, an Animal Care Officer, or any police officer at any reasonable hour, or at any hour in cases of emergency.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-11. - Abatement of conditions not complying with chapter.

Whenever any premises where animals are kept are in an unsanitary condition, the facilities are not in keeping with the provisions of this chapter or any regulations established by the City Health Officer, or if any health ordinance or law pertaining to the care or keeping of an animal is not observed, the City Health Officer or the City Health Officer's designee, by written notice to the person responsible for the condition of the premises or the keeping of the animals or to the person owning or in control of the premises, may order the abatement of the conditions which are not in accordance with this chapter other regulations or laws, or which constitute a nuisance. Failure to comply with the written notice constitutes grounds for the city to obtain relief by injunction. Additionally, failure to comply with the written notice may subject the violator to administrative proceedings and criminal charges.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-12. - Application omissions or falsifications.

If an applicant has withheld or falsified any information on an application submitted under this chapter, the Animal Care Services manager may refuse to issue a registration or permit, or may revoke any registration or permit issued in connection with the application.
(Ord. No. 026046, § 1, 12-14-2004)

Sec. 6-13. - Effect of prior convictions; subsequent bite incident.

(a) No person who has been convicted within the preceding sixty (60) months of cruelty to animals under this chapter or any other animal cruelty law of this state or any other jurisdiction in the United States may be issued a registration or permit.
(b) No person may be issued a registration if the person has been convicted within the preceding twenty-four (24) months of two (2) or more violations, resulting from separate incidents, for failure to restrain an animal under this chapter and who owns an animal that was involved in a documented biting incident, which incident occurred without provocation, resulted in injury to another person or domestic animal, and occurred subsequent to the convictions.

(1) Any person denied issuance of a registration under this subsection (b) may challenge the denial by filing a written protest for review by the city manager, or the city manager's designee. Any protest must be submitted to the city manager's office within ten (10) days of denial of issuance.
(2) Upon review by the city manager, or designee, of a written protest, the city manager's decision is final.
(c) For purposes of this section, a prior court order of deferred adjudication or deferred disposition is considered a conviction.
(Ord. No. 026046, § 1, 12-14-2004; Ord. No. 027995, § 1, 12-16-2008)

Sec. 6-14. - Reapplication upon denial of registration or permit.

(a) Any person having been denied a registration or permit for any reason other than section 6-13 of this chapter may not reapply for a period of thirty (30) days after such denial.
(b) Any person having been denied a registration under subsection 6-13(b) of this chapter may not reapply for a period of twenty-four (24) months after such denial.
(c) Each reapplication must be accompanied by a nonrefundable ten-dollar ($10.00) fee.
(Ord. No. 026046, § 1, 12-14-2004; Ord. No. 027995, § 2, 12-16-2008)

Secs. 6-15—6-25. - Reserved.

Sec. 6-32. - Dangerous dog registration.

(a) A dog found to be a "dangerous dog" as defined in Chapter 822, Health and Safety Code, as it may be amended, must wear a dangerous dog registration tag issued by the Animal Care Services division upon a payment of a fifty dollar ($50.00) registration fee.
(b) A dangerous dog registration tag must be worn at all times by the dangerous dog attached to a lime green colored, one-inch-wide collar.
(c) The owner of a dangerous dog shall present proof of the secure enclosure in which the dog will be kept, proof of liability insurance coverage or financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages that may result from an attack by the dangerous dog causing bodily injury to a person, and proof of compliance with other conditions as may be required by the City Health Officer and as may be required under Chapter 822, Health and Safety Code, as it may be amended.
(Ord. No. 026046, § 1, 12-14-2004)