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An owner of a dog may only tether a dog if the dog is in the owner's immediate possession and accompanied by the owner, as required by Section 7-3.1 of this chapter. In addition, the owner of a tethered dog shall:
(1) not allow the dog to be tethered in any manner or by any method that allows the dog to become entangled or injured;
(2) use a properly fitted harness or collar that is specifically designed for the dog; and
(3) attach the tethering device to the dog's harness or collar and not directly to the dog's neck. (Ord. Nos. 26024; 27250; 30687, eff. 2/1/18)
(a) An owner of a dog commits an offense if he knowingly permits, or by insufficient control allows, the dog to defecate in the city on private property or on property located in a public place.
(b) An owner of a dog commits an offense if he:
(1) knowingly permits the dog to enter or be present on private property or on property located in a public place; and
(2) fails to have in his possession materials or implements that, either alone or in combination with each other, can be used to immediately and in a sanitary and lawful manner both remove and dispose of any excreta the dog may deposit on the property.
(c) It is a defense to prosecution under Subsection (a) that the owner of the dog immediately and in a sanitary and lawful manner removed and disposed of, or caused the removal and disposal of, all excreta deposited on the property by the dog.
(d) It is a defense to prosecution under Subsection (a) or (b) that:
(1) the property was owned, leased, or controlled by the owner of the dog;
(2) the owner or person in control of the property had given prior consent for the dog to defecate on the property; or
(3) the dog was a service dog being used in official law enforcement activities.
(e) This section does not apply to a service dog that is specially trained to assist a person with a disability and that was in the custody or control of that disabled person at the time it defecated or was otherwise present on private property or on property located in a public place. (Ord. 26024)
(a) An owner of a dog commits an offense if the fenced yard, or other outdoor pen or structure, used as the primary living area for the dog or used as an area for the dog to regularly eat, sleep, drink, and eliminate is not:
(1) at least 150 square feet for each dog six months of age or older;
(2) designed, constructed, and composed of material sufficient to prevent the dog’s escape; and
(3) designed in a manner that provides the dog access to the inside of a doghouse, building, or shelter that meets all requirements of Subsection (b) of this section.
(b) A doghouse or other building or shelter for a dog must:
(1) have a weatherproof top, bottom, and sides;
(2) have an opening on no more than one side that allows the dog to remain dry and provides adequate shade during daylight hours to prevent overheating or discomfort to the dog;
(3) have a floor that is level and dry;
(4) be free from cracks, depressions, and rough areas that might be conducive to insects, parasites, and other pests;
(5) be of adequate size to allow the dog to stand erect with the dog’s head up, to turn around easily, and to sit and lie down in a comfortable and normal position;
(6) have sufficient clean and dry bedding material or other means of protection from the weather that will allow the dog to retain body heat when the weather is colder than what a dog of that breed and condition can comfortably tolerate;
(7) provide a suitable means for the prompt elimination of excess liquid;
(8) be structurally sound, maintained in good repair, and constructed with material that protects the dog from injury; and
(9) allow the dog easy access in and out. (Ord. 27250)
(a) An owner of a dog or cat commits an offense if the animal is not spayed or neutered.
(b) It is a defense to prosecution under Subsection (a) that:
(1) the animal is under six months of age;
(2) a licensed veterinarian annually certifies that the dog or cat should not be spayed or neutered for health reasons or is permanently non-fertile;
(3) the animal is being held for adoption by animal services or an animal welfare organization;
(4) the animal is certified annually as a competition cat or competition dog;
(5) the person charged produces to the court proof of sterilization from a licensed veterinarian showing the dog or cat was sterilized at the time the citation was issued or not later than 20 days after the citation was issued; or
(a) A person commits an offense if he breeds or allows the breeding of a dog or cat without a valid breeding permit for the dog or cat. A separate permit is required for each dog or cat that the person keeps unsterilized for breeding purposes.
(b) A breeding permit may only be issued for a dog or cat:
(1) that is currently in compliance with the vaccination requirements of Section 7-4.1 of this chapter;
(2) that is currently in compliance with the microchipping requirements of Section 7-4.2 of this chapter;
(3) that, not more than 90 days before the date of the breeding permit application, has been approved to breed by a licensed veterinarian; and
(4) whose owner:
(A) is a member of a purebred dog or cat club, approved by the director, that maintains and enforces a code of ethics for breeding that includes restrictions on breeding dogs and cats with genetic defects and life threatening health problems common to the breed; or
(B) holds a license as required by Texas Occupation Code, §802.101 for each facility owned or operated in the state.
(c) To obtain a breeding permit, a person must submit an application to the director (on a form provided by the director for that purpose) and pay an annual breeding fee of $51. The breeding permit application must include:
(1) the name, address, and telephone number of the applicant;
(2) the location where the dog or cat is harbored;
(3) a description of the dog or cat, including but not limited to, a photograph of the animal;
(4) proof that the animal is qualified for a breeding permit under Subsection (b) of this section; and
(5) any other information determined necessary by the director for the enforcement and administration of this section.
(d) A breeding permit expires one year after the date of issuance and may be renewed by applying in accordance with Subsection (c) of this section. If the director does not receive an application for a permit renewal within 45 days after the expiration of the permit, a $10 late fee will be added to the permit fee.
(e) A breeding permit is not transferable.
(f) A permittee commits an offense if he allows a permitted female dog or cat to have more than one litter during the permit term.
(g) It is a defense to prosecution under Subsection (f) that the permittee:
(1) received written authorization from the director under Subsection (h) of this section to allow the female dog or cat to have two litters during the permit term; and
(2) did not allow the female dog or cat to have more than the number of litters authorized by the director for the permit term.
(h) Upon request of a permittee, the director may, in writing, authorize the permittee to allow a permitted female dog or cat to have two litters during the permit term if the permittee establishes, according to regulations adopted by the director, that:
(1) having two litters during the permit term is required to:
(A) protect the health of the female dog or cat; or
(B) avert a substantial economic loss to the permittee; or
(2) previously in the permit term, the female dog's or cat's litter was euthanized or did not survive for other reasons.
(i) A permittee commits an offense if the permittee:
(1) allows the offspring of a female dog or cat for which he holds a breeding permit to be sold, adopted, or otherwise transferred, regardless of compensation, before the offspring have reached at least eight weeks of age and have been vaccinated against common diseases;
(2) fails to keep a permitted dog or cat restrained pursuant to Section 7-3.1 of this chapter;
(3) fails to prominently display the breeding permit number on any advertisement by the permittee for the sale, adoption, or other transfer of any dog or cat, regardless of compensation; or
(4) sells, adopts, or otherwise transfers any dog or cat, regardless of compensation and fails to:
(A) include a statement signed by the permittee attesting to knowledge of the animal's health and immunization history;
(B) prominently display the breeding permit number on any sales receipt or transfer document;
(C) provide the breeding permit number to any person who purchases, adopts, or receives any dog or cat from the permittee;
(D) provide written information regarding the vaccination, microchipping, and sterilization requirements of this chapter applicable to the dog or cat; or
(E) provide to the director (on a form provided by the director for that purpose) the name, address, and telephone number of the dog's or cat's new owner within five days after the date of the sale, adoption, or other transfer of the animal.
(j) The director shall deny or revoke a breeding permit if the director determines that the applicant or permittee:
(1) failed to comply with any provision of this chapter; or
(2) intentionally made a false statement as to a material matter on the breeding permit application.
(k) If the director denies or revokes a breeding permit, the director shall notify the applicant or permittee in writing of the action and a statement of the right to an appeal. The applicant or permittee may appeal the decision of the director to the permit and license appeal board in accordance with Section 2-96 of this code. The filing of an appeal stays an action of the director in revoking the permit until the permit and license appeal board makes a final decision. (Ord. Nos. 27250; 29879; 30483; 31332; 32556)
A person commits an offense if he takes possession of a loose dog in the city and knowingly fails to make, within 72 hours after taking possession, a reasonable effort to locate the dog's owner by:
(1) calling the telephone number listed on the dog's tags;
(2) taking the dog to a licensed veterinarian for a microchip, tattoo, or other identification screening and calling the owner identified through the screening;
(3) calling 311 to request that animal services pick up the dog for identification screening and impoundment; or
(4) delivering the dog to the city's animal shelter for identification screening and impoundment. (Ord. Nos. 27888; 30483)
(a) A person commits an offense if he or she knowingly confines a dog or cat in an unattended motor vehicle for more than five minutes under conditions that, in the opinion of a trained peace officer, animal services officer, or licensed veterinarian, endanger the health of the dog or cat due to extreme temperatures, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause the suffering, disability, or death of the dog or cat and as demonstrated by, but not limited to, the dog or cat's excessive drooling or panting, lethargic behavior, collapse, vomiting, or convulsions.
(b) A peace officer, animal services officer, or licensed veterinarian may, after reasonably attempting to locate the dog or cat's owner, remove the dog or cat from the motor vehicle using any reasonable means, including breaking a window or lock. If professional services are required to remove the cat or dog from the vehicle, the owner is responsible for the cost of professional services. A peace officer, animal services officer, or licensed veterinarian who removes a dog or cat from a motor vehicle in accordance with this section is not liable for any resulting property damage.
(c) This section does not create a cause of action for damages or enforcement of this section. (Ord. 30483)
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