(A) General.
(1) It shall be unlawful for any person to keep, raise, harbor, use, possess or have on his or her premises or under his or her control or attempted control any dangerous and/or wild animal.
(2) A DANGEROUS ANIMAL is any wild or feral mammal, fowl, reptile or insect population which by its nature or breeding has the capability of inflicting serious bodily injury to humans. The term DANGEROUS ANIMAL also means and includes any domestic animal, reptile, fowl or insect population which, because of its size or vicious propensity or other characteristic could reasonably constitute a danger to human life or property.
(3) A WILD ANIMAL is any mammal, amphibian, reptile or fowl of a species that is wild by nature. Such animals shall include, but not be limited to, mice, rats, raccoons, skunks, squirrels, opossums, snakes or armadillos.
(4) Any dangerous animal kept in violation of this section or found at large may be impounded by the Police Department with whatever force is reasonably necessary to safely secure impoundment. The Police Department shall be authorized to impound any animal found at large or kept in violation of this code. The Police Department shall also be authorized, upon obtaining a search warrant, to impound any dangerous animal which the Police Department has probable cause to believe is being kept in violation of this section. The impoundment remedies in this section shall not be exclusive. The city shall have the right to exercise any and all other remedies available at law or in equity.
(5) The Police Department shall be authorized to destroy any dangerous animal running at large which because of its nature, disposition or condition would present a hazard to life or limb in an attempt to capture it. A peace officer may destroy such animal in any life-threatening situation.
(6) Properties within the city, being located in rural Texas, are likely to be visited by wild animals from time to time. Property owners are encouraged to leave wild animals free to come and go or to take measures to discourage the animals to stay and become a nuisance.
(7) A wild animal that becomes a nuisance may be trapped and relocated by the property owner, his or her agent or upon request of the property owner, by the city’s animal control personnel.
(8) No owner or custodian or person in possession of a dangerous animal shall allow such animal to be at large. The Police Department may, but shall not be required to, enlist the voluntary aid of any person in attempting to capture a dangerous animal at large.
(9) The owner or custodian of any impounded dangerous animal shall be liable to the city in the amount of the impoundment fees charged for other impounded animals pursuant to the provisions of this chapter or for such fee as may be set by ordinance and for actual feeding and care costs as determined by the impoundment facility. No impounded dangerous animal shall be released until all required fees and costs have been paid or arranged to be paid. Prior to release of an impounded animal to the owner or custodian, the Police Department shall determine that adequate provision has been made for the removal of the animal to a place outside the city or for confinement within the city under authority of § 90.41 of this chapter.
(2012 Code, § 10-76)
(B) Applicable within portions of the city’s ETJ. This subchapter shall be applicable within the city limits and within 1,000 feet of any city limits or any contiguous city limits.
(2012 Code, § 10-79)
(Ord. 130601, passed 6-14-2013) Penalty, see § 90.99