Animal Ordinances

GENERAL PROVISIONS

§ 90.01 PURPOSE, INTENT.

The animal control regulations as herein established have been enacted for the purpose of promoting the health, safety and general welfare of the city. The intent of the regulations, prohibitions and provisions is to protect values within the city; to enhance the quality of life of persons, pets and other animals; and to protect the general public from damage and injury which may be caused by unregulated animals.

(`75 Code, § 3-1) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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§ 90.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDON. To withdraw protection, support or help from.

ANIMAL CONTROL OFFICER. A person designated by the city as the primary enforcement officer of ordinances regulating animals and owners of animals and for the enforcement of sections of the state statute pertaining to the care and control of animals.

BOARDING/RIDING STABLE. Any facility for boarding, livery, training or riding school; or any facility which maintains horses or ponies, mules, donkeys or burros; whether gratuitously or for a fee.

DANGEROUS ANIMAL. Any warm-blooded mammal which is known to carry or be susceptible to the rabies virus and which cannot be effectively vaccinated against that virus with any vaccine approved by the State Department of Health. A DANGEROUS ANIMAL includes any hybrid animal, any pet wildlife or any domestic animal which has attacked a human or which is apprehended or observed unrestrained.

DANGEROUS DOG. A dangerous dog is one that meets the following conditions.

(1) Makes an unprovoked attack on a person 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.

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

DOMESTIC ANIMAL. Any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild, which can be vaccinated against rabies with an approved rabies vaccine and any animal which has an established rabies quarantine observation period.

ERATH COUNTY HUMANE SOCIETY SHELTER. The facility designated and/or operated by the Erath County Humane Society for the purpose of impounding and caring for animals held under authority of this chapter. The Erath County Humane Society will be referred to as the Shelter hereafter.

ESTRAY. Any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, goat, confined and domesticated hares and rabbits or any species of cattle.

EXOTIC SPECIES. Any animal born or whose natural habitat is outside the continental United States, excluding nonvenomous reptiles and fish. This is to include bobcats and cougars.

GUARD DOG. Any dog which is professionally trained and kept solely for the protection of persons and property.

HARBORING. The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter or care for a period of three days or longer.

HYBRID. An offspring of genetically differing parents as members of different breeds or species.

KENNEL. Any establishment designed or used for the boarding, selling or breeding of animals where three or more dogs or cats are to be boarded, sold or bred. This excludes veterinary clinics.

LIVESTOCK. An animal raised for human consumption or an equine animal, to include the following: cattle, sheep, horses, mules, donkeys, llamas, burros, goats, swine, poultry or any hybrid of these.

OWNER. Any person who has right of property in an animal or any person who exercises control over an animal for any length of time.

RABIES VACCINATION. The vaccination of a dog, cat or other domestic animal with a rabies vaccine approved by the State Department of Health and administered by a Doctor of Veterinary Medicine licensed by the State Board of Veterinary Medical Examiners.

RUNNING AT LARGE. Any animal which meets the following conditions.

(1) Is not restrained by means of a leash, chain or other physical apparatus of sufficient strength and length to control the actions of such animals while off the owner's premises.

(2) Is not confined to premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a chain or leash sufficient in strength to prevent the animal from escaping from the premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. Any animal which is within a vehicle in a manner that would prevent that animal's escape or contact with other persons or animals will not be deemed "at large."

SECURE ENCLOSURE. Means a fenced area or structure that is as follows:

(1) Locked;

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

(3) Capable of preventing the escape of a dog; and/or

(4) Clearly marked as containing a dangerous dog.

STRAY ANIMAL. Any animal roaming with no physical restraint beyond the premises of an animal's owner or keeper.

THEATRICAL EXHIBITION. Any exhibition or act featuring performing animals, for example a circus or carnival.

UNPROVOKED. With respect to an attack by an animal where the animal was not taunted or teased; hit, kicked or struck by a person with an object or part of a person's body; nor was any part of the animal's body pulled, pinched or squeezed by a person.

VETERINARIAN. Any Doctor of Veterinary Medicine having a current license issued by the State Board of Veterinary Medical Examiners.

WILDLIFE. Any animal which occurs naturally in a wild state, including any hybrid breeds.

(`75 Code, § 3-2) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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§ 90.03 CREATING A HEALTH HAZARD.

(A) No animal owner will violate the health and sanitation provisions in Ch. 93, §§ 93.04 and 93.06 of this code.

(B) No person will allow his/her animal to eliminate on public property or the property of another and not remove the same.

(`75 code, § 3-3) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98) Penalty, see § 10.99

Health and Sanitation, see Ch. 93

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§ 90.04 TAMPERING WITH TRAPS AND EQUIPMENT.

No person will remove, alter, damage or otherwise tamper with a trap or equipment belonging to/set out by the Animal Control Division.

(`75 Code, § 3-4) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98) Penalty, see § 10.99

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§ 90.05 AUTHORITY TO DESTROY INJURED/DISEASED ANIMAL.

The Animal Control Division, or authorized representative, is authorized to destroy any injured or diseased animal, whether such animal is on public or private property, when the recovery from such injuries or disease is in serious doubt, and after a reasonable effort has been made to locate the owner of such animal.

(`75 Code, § 3-5) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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§ 90.06 EXCESSIVE NOISE.

No person will knowingly keep on their premises an animal that disturbs the peace by making excessive loud or obnoxious noises. Any person who has been notified by the Animal Control Officer or City Police Department that their animal is disturbing the peace in this manner has 24 hours from the time of notification to stop the disturbance and prevent its recurrence. Failure to do so within this time period is a violation of this chapter and will be considered a misdemeanor. Each 24-hour period such a violation occurs is punishable as a separate offense.

(`75 Code, § 3-6) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98) Penalty, see § 10.99

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§ 90.07 KENNELS.

(A) Permits. A kennel will not be allowed until a kennel permit has been issued by the Animal Control Division. The Animal Control Division may require an inspection before the permit will be issued. No kennel may operate within 100 feet of any other person's building. Any animal residing in a kennel for any length of time must comply with all other applicable sections in this chapter. Permits will be valid for one year from date of issuance. The permit fee will be assessed by the City Council.

(B) Revocation or suspension of permit. Any kennel permitted under this chapter found to be in violation of any applicable law of the city or the state, or that is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, may have its kennel permit suspended or revoked without prior notice by the City Administrator or his/her designee.

(`75 Code, §§ 3-114 and 3-115) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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§ 90.08 ESTRAYS.

(A) Unattended estray. It will be unlawful for any person, firm or corporation to allow an estray to be at large within the city limits. The party having ownership or right to immediate control of such estray will have the burden to keep the estray off any property other than their own in the city.

(B) Impoundment. As required by state law, it will be the duty of the county sheriff’s office to take up any and all estray that may be found within the city and to impound such estray.

(`75 Code, §§ 3-126 and 3-127) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98) Penalty, see § 10.99

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§ 90.09 PROHIBITED ANIMALS; EXEMPTIONS.

(A) Prohibited animals. Animals which are considered "high risk" under the Texas Rabies Control Act and are prohibited within the city limits are skunks, bats, coyotes, foxes and raccoons. Any hybrid of these breeds is also prohibited. Other animals which may be considered dangerous and are prohibited include, but are not limited to: venomous reptiles, constrictor reptiles, elephants, rhinoceros', wolves, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, lesser pandas, binturongs, ostriches, emus, rheas, apes or any hybrid of these animals.

(B) Exemptions. This section does not apply to the following:

(1) Zoological Parks accredited by the American Association of Zoological Parks and Aquariums;

(2) Federally-licensed research institutions; or

(3) Any government agency or its employee who use the animals in relation to an education, propagation or behavior program.

(`75 Code, §§ 3-138 and 3-139) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98) Penalty, see § 10.99

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