§ 91.046. CARE OF AND CRUELTY TO ANIMALS.

(A)

Animal cruelty is a State law violation punishable by fine and or jail time in accordance with the Texas Penal Code. Animal Care Officials shall utilize the authority granted by Tex. Health and Safety Code. § 821.022 as amended from time to time to seize and impound any animal that has been or is being cruelly treated. If the investigating Animal Care Officer has reason to believe that an animal has been or is being cruelly treated pending a hearing before any court on the issues of cruelty and disposition of the animal, the seizure of the subject animal prior to receiving a warrant is hereby authorized if such a delay endangers the life of the animal or if it would unreasonably prolong the suffering of the animal needing immediate attention.

(B)

It shall be unlawful for an owner of an animal to neglect an animal and fail to provide that animal with humane care and treatment, including, but not limited to, access to an adequate supply of fresh air, species-specific food, fresh water, exercise, adequate shelter, and with appropriate veterinary care when needed to prevent suffering.

(C)

It shall be the duty of the owner or keeper of each and every dog or cat kept in the city to have such dog or cat vaccinated against rabies by a licensed veterinarian by the time the animal is 4 months of age and then according to the label recommendations of the approved rabies vaccine. It shall further be the duty of each owner or keeper to obtain a certificate from such veterinarian certifying that such animal has been vaccinated and produce that document for inspection by the Animal Control Officer when requested. If the vaccination document cannot or will not be produced by the owner or keeper of such animal the Animal Control Officer shall issue a citation for failure to comply with this section of this chapter.

(D)

No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal, whether owned or un-owned, or cause, instigate, or permit any dog fight, cock fight, bull fight, or other combat between animals or between animals and humans.

(E)

No owner of an animal shall abandon such animal or, in case of impoundment by the Animal Control Officer, allow the animal to remain in the Animal Shelter beyond a 5-day maximum after notification of impoundment of such animal.

(F)

It shall be unlawful for the owner of an animal or a person charged with custody or care of an animal to surgically alter an animal, including, but not limited to, ear cropping, ear tipping, tail docking, and dewclaw removal except when done by a licensed veterinarian.

(G)

Any person who as the operator of a motor vehicle strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the appropriate law enforcement agency. Failure to do so shall be a violation of this chapter.

(H)

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 animal.

(I)

No person shall transport or carry on any public roadway any animal in a motor vehicle unless the animal is safely enclosed within the vehicle and, if traveling in an unenclosed vehicle, including, but not limited to, convertibles, pickup trucks, jeeps, and flatbed trucks, the animal shall be confined by a vented container or cage or by chain, rope, or other device cross tied to prevent the animal from falling or jumping from the motor vehicle or from strangling on a single leash.

(J)

No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal's health or safety. Any Animal Care Officer or Police Officer is authorized to use reasonable force, including the breaking of a side window, to remove an animal from a vehicle whenever it appears the animal's health or safety is endangered, and said neglected or endangered animal shall be impounded.

(K)

No person shall place or set out steel jaw traps, spring traps with teeth, neck traps, or any type of trap with a holding mechanism designed to cut, slice, tear, or traumatize the entrapped prey unless the use of such traps is specifically deemed necessary by the Texas Parks and Wildlife Department or Director of Health for control of communicable disease.

(L)

All animals shall be kept in a sanitary manner. Animal owners shall collect and dispose of animal waste deposited by his or her animals. No owner shall allow the accumulation of animal waste on any premises in a quantity sufficient to create an odor offensive to a person of normal sensibilities standing on adjacent property not owned by the subject animal's owner or which creates a condition conducive to the breeding of flies or other pests.

(M)

An animal owner or keeper shall not walk an animal without a leash or restraint or without otherwise having such animal under control and shall not guide or take animals onto the yards or driveways of property not owned, leased, or occupied by the animal owner for the purpose of allowing the animal to defecate but shall keep the animal in the public right-of-way and shall carry a container with implement for the sanitary removal of the animal's fecal matter from the public sidewalk and public right-of-way adjacent to any property with a structure or other improvements thereon.

(N)

All persons residing in the city who own dogs or cats must keep such dog or cat at the registered residential premises permanently occupied and inhabited by said animal's owner or a licensed kennel. It shall be unlawful for the owner to keep their animal at any other location within the city.

(Ord. 2013-731, passed 2-14-13)