(a) An owner commits an offense if the owner fails to restrain the animal, at all times:
(1) in a fenced yard;
(2) in an enclosed pen;
(3) in a structure; or
(4) by a tethering device, but only if the animal is in the owner's immediate possession and accompanied by the animal's owner, and, if the animal is a dog, the owner complies with the requirements in Section 7-4.7 of this chapter.
(b) An owner commits an offense if the owner restrains a domestic animal without providing the domestic animal access, at all times, to potable water and shelter which protects the domestic animal from direct sunlight, standing water, and extreme weather conditions, including conditions in which:
(1) the actual or effective outdoor temperature is below 32 degrees Fahrenheit;
(2) a heat advisory has been issued by a local or state authority or jurisdiction; or
(3) a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.
(c) It is a defense to prosecution under Subsection (a) that the animal was:
(1) a dog in an off-leash site established under Section 32-6.1 of this code; or
(2) a feral cat participating in a trap, neuter, and return program approved by the director.
(d) It is a defense to prosecution under Subsection (b) that:
(1) the domestic animal was a dog;
(2) the dog was restrained by a tethering device while in the owner's immediate possession and accompanied by the dog's owner; and
(a) An owner of an animal commits an offense if he fails to:
(1) keep any cage, pen, enclosure, or other area in which the animal is kept in a sanitary condition; or
(2) remove all animal excreta from the cage, pen, enclosure, or other area in which the animal is kept as often as necessary to maintain a healthy environment.
(b) A person commits an offense if he permits any yard, ground, premises, or structure belonging to, controlled by, or occupied by him to become nauseating, foul, offensive, or injurious to the public health or unpleasant and disagreeable to adjacent residents or persons due to the accumulation of animal excreta. (Ord. 26024)
(a) A person commits an offense if he uses, places, sets, or causes to be set in the city any steel jaw trap, spring trap with teeth or perforated edges on the holding mechanism, or any type of trap with a holding mechanism designed to reasonably ensure the cutting, slicing, tearing or otherwise traumatizing of the entrapped animal.
(b) It is a defense to prosecution under Subsection (a) that the trap was:
(1) specifically designed and used to kill common rodents such as rats and mice, and the trap was not placed in a manner or location that would endanger other animals or humans; or
(2) specifically designed to kill and was used under the direction of the city public health officer, the city environmental health officer, or an agent of another governmental entity authorized by the director to trap in the city. (Ord. 26024)
(a) In this section, POISONOUS SUBSTANCE means any chemical or synthetic substance or bait, including but not limited to antifreeze, that is deemed harmful to domestic animals.
(b) A person commits an offense if he knowingly places a poisonous substance so that it is accessible to a domestic animal.
(c) It is a defense to prosecution under Subsection (b) that the poisonous substance was placed:
(1) pursuant to an animal control program under the direction of the director, the city public health officer, or the city environmental health officer; or
(2) to control common rodents such as rats and mice. (Ord. 27250)
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