CHAPTER 98: ANIMALS

Section
Animals and Fowl
98.01 Livestock; enclosures; distance from buildings
98.02 Livestock; distance from city water supply
98.03 Bird sanctuary
98.04 Dead animals and fowl
98.05 Running at large
98.06 Poisonous, dangerous animals
98.07 Pens and enclosures; sanitary condition

Dogs and Cats
98.20 Right of entry to determine compliance
98.21 Annual license fee
98.22 Fee collection; administration
98.23 License requirements
98.24 Certificate of vaccination; lost tags
98.25 Running at large; impoundment
98.26 Redemption of impounded animals
98.27 Rabid animals
98.28 Removal of tag or collar
98.29 Interference with officers
98.30 Vicious animals
98.31 Confinement of vicious animals; definition
98.32 Necessity; ignorance not a defense
98.33 Dangerous or mischievous dogs and cats

Animals as Nuisance
98.45 Public nuisances
98.46 Owner responsibility
98.47 Notice of complaint

98.99 Penalty
Statutory reference:
Animals, see Tex. Health & Safety Code, §§ 821.001 and 821.004
Cruelty to animals, see Tex. Penal Code, § 42.09
McGregor - General Regulations 118
Livestock, see Tex. Ag. Code, §§ 141.001 et seq.
Municipal rabies control programs and standards, see Tex. Health & Safety Code, §§ 826.013 -
826.017, 826.031, and 826.033
Rabies control, see Tex. Health & Safety Code, Chapter 826
Registration of dogs and cats, see Tex. Health and Safety Code, § 826.031
Restraint, see Tex. Health and Safety Code, § 826.033

ANIMALS AND FOWL

§ 98.01 LIVESTOCK; ENCLOSURES; DISTANCE FROM BUILDINGS.
(A) It shall be unlawful for any person to keep within the city limits any type of livestock or fowl, including, but not limited to, horses, mules, donkeys, cows, bulls, steers, hogs, sheep, goats, Shetland ponies, jacks, jennets, chickens, turkeys, ducks, geese, guineas, pigeons, or other fowl or poultry, and to allow or permit this type of animal or fowl to run or be at large within the city except in accordance with the following sections.

(B) Any person who keeps this type of livestock in an area less than five acres in size must keep the
animals in a fenced enclosure, stable, shed, or a pen, and the enclosures must be at least 150 feet from any building or structure used for sleeping, dining, or living; if more than two of these animals are kept at one location and the location is within a residential area, that location must be at least 200 feet from any lot owned by another person and the enclosure must provide at least 250 square feet of space for each sheep, hog, or goat therein to be kept and at least 2,500 square feet of pen must be provided for any cow, horse, or mule. If fowl are included, they must have the same distance requirements and there must be at least ten square feet of living space for each fowl kept under this law.

(C) It shall further be the duty of any person keeping livestock or fowl to maintain their enclosure in a sanitary condition in a manner that is calculated not to become offensive to adjacent neighbors or a health hazard to the public.
(Prior Code, § 4-1) (Ord. 18.11, passed - - ; Am. Ord. 18.43, passed - - ; Am. Ord. passed 7-13-1987)
Penalty, see § 98.99

§ 98.02 LIVESTOCK; DISTANCE FROM CITY WATER SUPPLY.
It shall be unlawful for any person, whether for himself or herself or as the agent or servant for another
or others, to keep or to be interested or concerned or connected with the keeping of any horses, hogs, cattle, sheep, goats, or other animals in any barn, pen, or lot in the city that is less than 200 feet from any city wells from which the city obtains its principal water supply.
(Prior Code, § 4-2) (Ord. 18.11, passed - - ; Am. Ord. 18.43, passed - - ; Am. Ord. passed 7-13-1987)
Penalty, see § 98.99

§ 98.03 BIRD SANCTUARY.
(A) The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary.

(B) It shall be unlawful for any person to trap, hunt, shoot, or attempt to shoot or molest in any manner any bird or wild fowl, or to rob bird nests or wild fowl nests; provided, however, if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the Health Officer, he or she shall meet with representatives of the Audubon Society, bird club, garden club, or humane society, or as many of those clubs as are found to exist in the city, after having given at least three days’ actual notice of the time and place of the meeting to the representatives of those clubs.

(C) If as a result of this meeting no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in numbers and in such a manner as is deemed advisable by the Health Officer under the supervision of the Chief of Police.
(Prior Code, § 4-3) (Ord. 18.11, passed - - ; Am. Ord. 18.43, passed - - ; Am. Ord. passed 7-13-1987)
Penalty, see § 98.99
Statutory reference:
Protection of birds, nests, and eggs, see V.T.C.A. Parks and Wildlife Code, §§ 64.002 et seq.

§ 98.04 DEAD ANIMALS AND FOWL.
(A) It shall be unlawful for any person in the city to cause to be placed, or place, or allow to remain
in or near his or her premises or the premises of any other person, or in any of the streets or other public ways, any dead animal, either wild or domesticated, or any dead fowl, either wild or domesticated.

(B) It shall be unlawful for any person in the city to slaughter any animal or fowl whether wild or
domesticated within the city limits or to process or butcher animals except those animals or fowl lawfully
harvested under auspices of the State Parks and Wildlife Regulations within the city limits except in an
area properly zoned for that activity.
(Prior Code, § 4-4) (Ord. 18.11, passed - - ; Am. Ord. 18.43, passed - - ; Am. Ord. passed 7-13-1987; Am. Ord. passed 2-8-1993) Penalty, see § 98.99

§ 98.05 RUNNING AT LARGE.
It shall be unlawful for any person who owns, keeps, harbors, or otherwise has control over any animal
or fowl within the city to allow or permit that animal or fowl to run or be at large within the city. This
section shall not apply to cats. The animal shall be restrained either by a leash or lead and under the
immediate physical control of the person having custody or control thereof, or the animal should be located within an escape-proof structure so as to contain the animal and to prevent the animal from being at large.
(Prior Code, § 4-5) (Ord. 18.11, passed - - ; Am. Ord. 18.43, passed - - ; Am. Ord. passed 7-13-1987; Am. Ord. passed 10-19-1992) Penalty, see § 98.99

§ 98.06 POISONOUS, DANGEROUS ANIMALS.
(A) The maintenance, keeping, or possession of wild animals within the city is prohibited, unlawful, and is hereby declared a nuisance.

(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

WILD ANIMAL. Any animal or reptile which, in its natural state, possesses dangerous or vicious
propensities, and includes, but is not limited to: coyotes, wolves, bears, wildcats (puma, bobcat, lynx),
lions, tigers, poisonous snakes, constrictor snakes, alligators, crocodiles, monkeys, spiders, including
brown recluse and black widows, weasels, martins, fishers, skunks, wolverines, minks, badgers, and
raccoons, whether or not that animal or reptile has been tamed. The description further includes, but is not limited to, all animals prohibited by this state or federal law.
(Prior Code, § 4-6) (Ord. 18.11, passed - - ; Am. Ord. 18.43, passed - - ; Am. Ord. passed 7-13-1987; Am. Ord. passed 10-19-1992) Penalty, see § 98.99

§ 98.07 PENS AND ENCLOSURES; SANITARY CONDITION.
All pens or enclosures of all animals or fowl within the city shall be maintained and kept in a condition
so as not to become unsanitary, offensive, or disagreeable to persons residing in the vicinity thereof; nor
shall they be so maintained or kept to permit the breeding of flies or in any manner to cause injury to the
health or comfort of the public or any person working or residing in the vicinity of that pen or enclosure.
All pens and enclosures shall be cleaned at least once each week and the manure or refuse from the pens or enclosures shall be promptly removed from the vicinity after each cleaning. The opinion of the City Health Officer or the City Animal Control Officer shall be final as to whether or not pens are being
maintained in a sanitary or unsanitary condition.
(Prior Code, § 4-7) (Ord. 18.11, passed - - ; Am. Ord. 18.43, passed - - ; Am. Ord. passed 7-13-1987)
Penalty, see § 98.99

DOGS AND CATS

§ 98.20 RIGHT OF ENTRY TO DETERMINE COMPLIANCE.
(A) For the purpose of discharging the duties imposed by this subchapter and to enforce its provisions,
any peace officer or animal control officer is empowered to enter upon any premises upon which any dog or cat is kept or harbored and to demand the exhibition by the owner of the dog or cat of the license for that dog or cat.

(B) The Animal Control Officer or any peace officer shall be empowered to confiscate any animals and carry out any other provisions of this subchapter.
(Prior Code, § 4-21) (Am. Ord. passed 9-21-1987)

§ 98.21 ANNUAL LICENSE FEE.
There is hereby levied and assessed upon each dog and cat, male or female, kept or owned within the
city, an annual license fee of $2 on each male dog or cat and $2 on each female dog or cat, which tax is
to be due and payable on January 1 of each year, and it is hereby made the duty of the owner or keeper of any dog or cat, male or female, to pay over to the City Secretary or his or her duty authorized agent this tax on or before August 1 of each year.
(Prior Code, § 4-22) (Am. Ord. passed 9-21-1987)

§ 98.22 FEE COLLECTION; ADMINISTRATION.
The City Secretary shall collect or have collected all dog and cat taxes, and it shall be the duty of the
Chief of Police and the Animal Control Officer to carry out the terms and provisions of this subchapter.
(Prior Code, § 4-23) (Am. Ord. passed 9-21-1987)

§ 98.23 LICENSE REQUIREMENTS.
(A) No person shall own, keep, or harbor any dog or cat within the city unless that dog or cat is licensed as provided in this subchapter.

(B) A written application for the license shall be made to the City Secretary, and shall state the name
and address of the owner and the name, breed, color, age, and sex of the dog or cat.

(C) The license fee shall be paid at the time of making application and a numbered receipt given to the applicant.

(D) The yearly license fee shall be $2 for each dog or cat over the age of six months.

(E) If there is a change of ownership of a dog or cat during the license year the new owner may have
the current license transferred to his or her name upon payment of a transfer fee of $1.

(F) No person shall use for a dog or cat a license receipt, a license tag, or a vaccination tag issued for
another dog or cat.

(G) In no event shall the city issue a license tag to any owner or keeper of a dog or cat, male or female, unless and until that owner or keeper shall furnish a vaccination certificate issued by a licensed veterinarian stating that the dog or cat has been vaccinated against rabies by him or her.
(Prior Code, § 4-24) (Ord. 13-52, passed - - ; Am. Ord. passed 9-21-1987) Penalty, see § 98.99
Statutory reference:
Vaccination of dogs and cats, see Tex. Health & Safety Code, § 826.021

§ 98.24 CERTIFICATE OF VACCINATION; LOST TAGS.
(A) No person shall own, keep, or harbor a dog or cat over the age of six months within the city, unless the dog or cat shall have been vaccinated by a licensed veterinary surgeon with anti-rabies vaccine
in each year that the dog or cat is owned, kept, or harbored.

(B) Whenever any person has complied with the license, tax, and vaccination provisions of this subchapter, and a dog or cat tag is lost or destroyed, it shall be the duty of the owner or keeper of that dog or cat to procure another tag from the City Secretary by paying the value of the tag and all costs that may have accrued as herein provided.
(Prior Code, § 4-25) (Am. Ord. passed 9-21-1987) Penalty, see § 98.99
Statutory reference:
Vaccination certificate, see Tex. Health & Safety Code, § 826.021

§ 98.25 RUNNING AT LARGE; IMPOUNDMENT.
It shall be the duty of the Chief of Police or his or her authorized agent (Animal Control Officer) to capture and impound in a pen to be provided by the city, any dog or cat, male or female, found running at large within the city without a tag as provided for under the terms of this subchapter, and if a dog or cat, male or female, is not redeemed and reclaimed and taken from impoundment within the time as required by the city, that animal will then be disposed of within 72 hours in a manner meeting the requirements of the humane society.
(Prior Code, § 4-26)
Statutory reference:
Restraint of dogs and cats; impoundment, see Tex. Health & Safety Code, §§ 826.033 and 826.051

§ 98.26 REDEMPTION OF IMPOUNDED ANIMALS.
(A) The owner and keeper of any dogs and cats captured or impounded under the provisions of this
subchapter shall be permitted to redeem those animals by meeting the requirements of the county humane society.

(B) To redeem animals from the impounding officer before their transfer to the humane society, the owner or keeper shall provide:

(1) Proof of rabies vaccination;

(2) Proof of licensing by the city; and

(3) Proof of payment of an impoundment fee of $5 per day or any fraction of a day to the city.

(C) The Chief of Police or his or her authorized agent may require an owner or keeper who does not redeem a dog or cat captured and impounded under the provisions of this subchapter to pay the impoundment fee set forth above and any and all other costs incurred by the city.
(Prior Code, § 4-27)

§ 98.27 RABID ANIMALS.
(A) The owner of any dog or other animal affected or suspected of being affected with the disease of rabies, or any dog or other animal which has been bitten by any dog or other animal having rabies, or suspected of having the same, shall immediately notify the Police Department.

(B) The Chief of Police or any peace officer of this city shall have the right to shoot or kill any rabid dog or any dog which shall manifest a disposition to bite.
(Prior Code, § 4-28)
Statutory reference:
Quarantine of animals, see Tex. Health & Safety Code, §§ 826.042, 826.043, and 826.051

§ 98.28 REMOVAL OF TAG OR COLLAR.
No person shall wilfully take from any dog or cat a collar or tag, without the permission of the owner or keeper.
(Prior Code, § 4-29) Penalty, see § 98.99

§ 98.29 INTERFERENCE WITH OFFICERS.
It shall be unlawful for any person to interfere or attempt to interfere with the Animal Control Officer
or his or her agent or to interfere or attempt to interfere with any person acting under this subchapter, or
to tear down or open the pen in which animals may have been impounded, or take any animal from that
pen, or do any act that will permit an animal to escape from that pen.
(Prior Code, § 4-30) Penalty, see § 98.99

§ 98.30 VICIOUS ANIMALS.
(A) Any person who keeps, owns, or possesses any vicious animal, which person has reason to believe
will attack or attempt to attack a person, shall keep that animal confined in a place of safe keeping. No
person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait, or use any dog for the purpose of causing or encouraging that dog to unprovoked attacks upon human beings or domestic animals.

(B) No person owning or harboring or having care of a vicious animal shall suffer or permit that animal to go beyond his or her fenced premises unless that animal is securely leashed and muzzled or otherwise restrained and muzzled. The animal must be muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length.
(Prior Code, § 4-31) Penalty, see § 98.99

§ 98.31 CONFINEMENT OF VICIOUS ANIMALS; DEFINITION.
(A) A vicious animal is unconfined as the term is used in the section if the animal is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person described in § 98.30 hereof. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground of no less than one foot.

(B) All owners, keepers, or harborers of vicious animals within the city, including pit bull dogs as defined below, shall, within ten days of the effective date of this section, display in a prominent place on their premises, a sign easily readable by the public using the words “Beware of Dog,” or substituting any other vicious animal kept by the person for the word “dog.” In addition, a similar sign is to be required to be posted on the kennel or pen of the animal.

(C) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

VICIOUS ANIMAL. Includes:
(a) Any animal with a propensity, tendency, or disposition to attack, to cause injury, or to otherwise endanger the safety of human beings or other domestic animals;

(b) Any animal with attacks on a human being or other domestic animal one or more times without provocation; or

(c) Any pit bull terrier, which shall be herein defined as any Staffordshire bull terrier breed of dog or any mix breed of dog which contains as an element of its breeding the breed of a Staffordshire bull terrier or American Staffordshire bull terrier as to be identifiable as partially of the breed Staffordshire bull terrier or American Staffordshire bull terrier by a qualified veterinarian duly licensed by this state. This would include any dog which has the appearance and characteristics of a bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire bull terrier, or any other breed commonly known as pit bull, pit bull dogs, or pit bull terriers, or a combination of any of these breeds.
(Prior Code, § 4-32) Penalty, see § 98.99

§ 98.32 NECESSITY; IGNORANCE NOT A DEFENSE.
The above §§ 98.30 and 98.31 are necessary controls on the unrestrained activities of vicious animals
which threaten the safety and pleasantness of the streets, parks, sidewalks, yards, and all areas of the city; a lack of knowledge or lack of intent is not a defense to a violation thereof.
(Prior Code, § 4-33)

§ 98.33 DANGEROUS OR MISCHIEVOUS DOGS AND CATS.
No dog or cat of dangerous, vicious, fierce, or mischievous propensities or tendencies shall be allowed
upon any street, avenue, highway, alley, sidewalk, parkway, park, or other public place within the city,
whether that dog or cat is under the control of the owner or any other person, either by leash, cord, chain, or otherwise. Any thus described dog or cat so found upon any of the public places shall be taken up and impounded and shall not be released except upon the approval by the local health authority or his or her designee and by complying with all the terms and provisions; provided, however, that if any dangerous, vicious, fierce, or mischievous dog or cat so found cannot be taken up and impounded with reasonable safety for the person attempting the same, that dog or cat may be tranquilized or slain by any police officer or by direction of the local health authority.
(Prior Code, § 4-8) (Ord. 18.11, passed - - ; Am. Ord. 18.43, passed - - ; Am. Ord. passed 7-13-1987)
Penalty, see § 98.99

ANIMALS AS NUISANCE

§ 98.45 PUBLIC NUISANCES.
The following activities, among others, shall be considered to be a public nuisance with respect to
activities of animals: destruction of property, creating or causing loud noises, overturning trash containers or spreading trash or like items, or engaging or entering into any activity which may reasonably be considered to be a nuisance to persons or property of others.
(Prior Code, § 4-46) Penalty, see § 98.99

§ 98.46 OWNER RESPONSIBILITY.
No owner, keeper, or person responsible for the supervision of any animal shall permit that animal to or fail to prevent that animal from, creating a nuisance to persons, property, or other animals within the city.
(Prior Code, § 4-48) Penalty, see § 98.99

§ 98.47 NOTICE OF COMPLAINT.
Upon the receipt of a complaint what any person is allowing an animal to create a nuisance, the city shall give the owner or person responsible for control of that animal notice that a complaint has been made and a warning that the activity being complained of is a nuisance and in violation of this code. In the event that the action complained of recurs or is not remedied, then a charge shall be filed by the city for violation of the provisions of this subchapter.
(Prior Code, § 4-49) Penalty, see § 98.99

§ 98.99 PENALTY.
(A) Any person who violates any provision of this chapter for which no other specific penalty is given
shall, upon conviction, be subject to penalties as set forth in § 10.99 of this code.

(B) Any violation of § 98.07 would be punishable as defined under § 10.99 of this code.
(Prior Code, § 4-7) (Ord. 18.11, passed - - ; Am. Ord. 18.43, passed - - ; Am. Ord. passed 7-13-1987)

(C) (1) Whoever violates any provision of §§ 98.20 et seq. is committing an offense and shall be
punished in accordance with § 10.99 of this code for each offense, and each day a violation continues shall constitute a separate offense. Any fines set forth in this section for a second offense shall be a mandatory fine and shall not be suspended or remitted.

(2) In addition, any vicious animal which attacks a human being or another domestic animal may be ordered destroyed when, in the judgment of the Municipal Court, that vicious animals represents a continuing threat of serious harm to human beings or other domestic animals. Any person found guilty
of violating Section 4 of the municipal ordinances of the city shall pay all expenses, including shelter, food, veterinary expenses for identification and certification of the breed of the animal, or boarding and veterinary expenses necessitated by the seizure of any animal for the protection of the public, and those
other expenses as may be required for the destruction of the dog.
(Prior Code, § 4-34)

(D) (1) Any violation of §§ 98.45 et seq. shall be punishable as provided in § 10.99 of this code.

(2) In the event that a second or subsequent violation of that subchapter shall occur by the same animal for the same act of nuisance, the city may correct the nuisance and impound the animal for a period of 72 hours and then dispose of the animal in accordance with the ordinances of the city; provided, however, that the owner of any animal so impounded under this section shall be allowed to take the animal from the place where impounded upon:

(a) The payment of an impounding fee in the sum of $15 and $5 per day for each day or fractional part thereof that the animal was impounded;

(b) A showing that provisions have been made for prevention of further activities creating a nuisance by the animal; and

(c) The payment of any fine levied under § 10.99 for a violation of that subchapter.

(3) Any animal not reclaimed may be sold at a public or private sale for cash or destroyed within a reasonable time not to exceed in total 14 days.
(Prior Code, § 4-47)