(A) The following shall be considered a public nuisance and shall be unlawful:
(1) The keeping of any animal, which because of frequent or recurring barking or noise, shall disturb any person of ordinary sensibilities in the vicinity;
(2) The keeping of any animal in such a manner as (a) to endanger the public health; (b) to annoy neighbors by the accumulation of animal wastes which cause foul and offensive odors; (c) to be considered a hazard to any other animal or human being; or (d) to permit the animal's continued presence on the premises of another;
(3) All animal pens, stables or enclosures in which any animal may be kept or confined which, from use, have become offensive to a person of ordinary sensibilities.
(B) It shall be unlawful for any person to commit or cause to be committed any act of cruelty, harassment, or torture to any animal, or to intentionally cause such animal to be mutilated or inhumanely killed. Ownership of the animal, or the commission of such acts of cruelty on private property, shall not be justifiable defenses for violation of this section.
(C) It shall be unlawful for any person to poison any domestic animal or to distribute poison or toxicant on public or private property in any manner whatsoever with the intent of poisoning any domestic animal.
(D) It shall be unlawful for any person to willfully abandon any animal; or to withhold food or water from any animal such that its health is endangered, or that it is caused to suffer unduly.
(E) It shall be unlawful for any person to cause, instigate or encourage any dog or other animal to fight with another of its own species or with another of a different species. It shall be unlawful for any person to train or keep any dog or other animal for the purpose of or to maintain a place where any dog or other animal is permitted to fight for exhibition, wager, or sport.
(F) The owner or person in possession of animals shall keep yard, pens and enclosures in which such animals are confined in such manner as not to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes, or other noxious insects or to in any manner endanger the public health or safety or create a public nuisance.
(G) Any un-spayed female dog or cat in the state of estrus (heat) shall be confined during such period of time in a house, so constructed that no other dog or cat may gain access to the confined animal. Owners who do not comply shall be ordered to remove the animal in heat to a boarding kennel, veterinary hospital or animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. Failure to comply with the removal order of the animal control officer shall be a violation of this chapter and the dog or cat will then be impounded in accordance with this chapter.
(H) A person commits an offense if the person intentionally, knowingly or recklessly: (1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal; or (2) fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody; or (3) transports or confines an animal in a cruel manner (Texas Penal Code 42.092).
(Ord. 2016-21, passed 10-18-2016; Ord. 2019-18, passed 10-15-2019) Penalty, see §
10.99