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(a) A person commits an offense if the person owns, keeps, harbors or has custody of any dog or cat over four months of age without complying with this article.
(b) Defenses.
(1) It is a defense to prosecution under this section that at the time of the offense the person was using the animal in a research program at an institution of higher education which is accredited by the American Association for the Accreditation of Laboratory Animal Care.
(2) It is a defense to prosecution under this section that the dog or cat owner is a nonresident of this city and is keeping the subject pet in the city for fewer than 60 days;
(3) It is a defense to prosecution under this section that the dog or cat owner has been a resident of this city for fewer than 30 days; or
(4) It is a defense to prosecution under this section that the dog or cat had been abandoned or lost and the temporary owner has had the dog or cat for fewer than 30 days.
(5) It shall be an affirmative defense to prosecution under this section that the animal is a feral cat in the city's trap, neuter and return program.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) Offenses.
(1) A person commits an offense if the person owns, keeps, harbors or has custody of any dog or cat over six months of age that is intact unless such dog or cat is subject to a valid intact pet permit issued in accordance with this section.
(2) A person commits an offense if the person owns, harbors or has custody of an intact dog or cat at the residence or business property of an individual who has had an intact pet permit revoked under subsection (e) below, regardless of whether another person at the same property owns a dog or cat subject to a valid permit.
(3) A person commits an offense if the person advertises for sale within the city an unaltered dog or cat over six months of age and fails to include in such advertisement the identification number of the dog or cat's city-issued intact pet permit.
(b) Application.
(1) An application for an intact pet permit must be made on the form prescribed by the director and shall include the following information:
a. The name, telephone number and physical address of the applicant;
b. The description of the animal sought to be included under the permit and the species, breed, gender and age of the animal;
c. A statement from a licensed veterinarian that the animal is current on all veterinary recommendations, including examinations, vaccinations, preventative medicine, and treatments; and
d. A statement affirming that the applicant is familiar with the provisions of this chapter and agrees to maintain all animals in accordance with applicable legal requirements.
(2) a. An application must be accompanied by either:
1. Payment of an application fee in the amount adopted annually by the city council; or
2. Documentation evidencing that the applicant has completed a responsible-pet-owner class approved by the director.
b. This application fee shall be in addition to all other applicable permits and registration fees required under this chapter. An application fee is not refundable.
(3) An application must be accompanied by photographic evidence, in digital or printed form, showing the enclosure or enclosures where the unaltered animals are to be kept.
(4) The animal care and control authority may require additional information and documentation as deemed necessary to determine whether a permit should be issued.
(c) Consideration of application.
(1) An application for permit may be denied if the applicant:
a. Fails or refuses to submit a complete application;
b. Fails or refuses to submit any information or supporting documentation required under this section or pursuant to a request of the animal care and control authority;
c. Fails or refuses to submit the fee or documentation required under subsection (b)(2) above;
d. Provides false information on or in connection with the application;
e. Has, within the preceding 24 months, been convicted of, received deferred adjudication or pleaded guilty or no contest to one or more violations of this chapter, of any state law relating to the care and humane treatment of animals, or both;
f. Has, within the preceding 24 months failed to appear in court to respond to a citation relating to an alleged violation of any provision of this chapter or of any state law relating to the care and humane treatment of animals;
g. Has, within the preceding 60 months, been convicted of, received deferred adjudication or pleaded guilty or no contest to one or more violations of any provision of this chapter or of any state law relating to animal cruelty;
h. Has previously had a permit revoked pursuant to subsection (e) below; or
i. Resides at the same physical address as another individual whose permit has been revoked pursuant to subsection (e) below.
(2) Notwithstanding subsection (c)(1) above, an application for permit may also be denied if specific circumstances exist indicating that the issuance of the permit would not be in the best interest of the animals involved or of the health and safety of the public. If a permit is denied pursuant to this subsection (c), the animal care and control authority shall issue a written statement citing the specific reason or reasons for the denial.
(3) If an application for permit is denied, the applicant may appeal to the director. Such appeal must be made in writing and received within 30 days of the date the application was originally rejected. The decision of the director shall be final and non-appealable.
(d) Issuance and maintenance of permit.
(1) A permit is issued for an individual animal to an individual person. A permit is not transferable to another animal or to another person.
(2) A permit is valid unless and until it is revoked.
(3) To maintain an intact pet permit, the permit holder must keep the animal care and control authority apprised of current contact information for holder and identifying and registration information for each animal subject to an intact pet permit. In particular, a permit holder must notify the animal care and control authority of any change of address or telephone number no later 90 days after the new address or phone number is effective. In addition, within 90 days of obtaining an intact animal not subject to an intact pet permit, the permit holder must provide the animal control division with the species, breed, gender, and age of such animal.
(e) Revocation of permit.
(1) The animal care and control authority may revoke a permit if the owner of the animal issued an intact pet permit:
a. Is convicted, receives deferred adjudication or pleads guilty or no contest with respect to one or more violations of this chapter, of any state law relating to the care and humane treatment of animals, or both;
b. Fails to appear in court to respond to a citation relating to an alleged violation of any provision of this chapter or of any state law relating to the care and humane treatment of animals;
c. Is convicted, receives deferred adjudication or pleads guilty or no contest with respect to any violation of any provision of this chapter or of any state law relating to animal cruelty;
d. Is discovered to have provided false or inaccurate information on or in connection with an application for an intact pet permit;
e. Fails to vaccinate any animal in accordance with the requirements of state law or this chapter;
f. Fails to comply with the requirements of subsection (d)(3) above; or
g. Fails to provide a current statement described in (b)(1)c. above within 30 days of when requested by the animal care and control authority.
(2) a. If a permit is revoked by the animal care and control authority, the applicant may appeal to the director. Such appeal must be made in writing and received within 30 days of the date the application was originally revoked.
b. The director may:
1. Reinstate the permit pursuant to its original terms;
2. Reinstate the permit subject to the holder meeting additional specified conditions; or
3. Affirm the revocation of the permit.
c. The decision of the director shall be final and non-appealable.
d. Revocation of a permit will not result in the refund of any permit or application fee.
(f) Defenses.
(1) It is a defense to a prosecution under subsection (a)(1) or (a)(2) above if an owner produces a signed, written opinion from a licensed veterinarian that the animal in question should not be spayed or neutered due to health concerns.
(2) It is a defense to a prosecution under subsection (a)(1) or (a)(2) above that the animal was owned, kept or harbored by, or in the custody of, an animal establishment or releasing agency, was kept under restraint on the premises of the animal establishment or releasing agency, and was being offered for sale or adoption.
(3) It is a defense to prosecution under subsection (a)(1) or (a)(2) above that the person who owned the animal was not a permanent resident of the city and was keeping the animal within the city for less than 60 days.
(4) It is a defense to prosecution under subsection (a)(1) or (a)(2) above that, at the time of the offense, the person was in compliance with a valid spay neuter contract.
(5) It is a defense to prosecution under subsection (a)(1) or (a)(2) above that, at the time of the offense, the person was using the animal in a research program at an institution of higher education that is accredited by the American Association for the Accreditation of Laboratory Animal Care.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) A person may file an application for a permit to keep dogs or cats in excess of the number allowed in § 6-11. The applicant shall pay an application fee at the time of filing in an amount established by the city council.
(1) The application shall be filed with the animal care and control authority on a form provided by the director.
(2) At a minimum, the application form shall require the applicant's name, address and telephone numbers; the number, gender (including spay or neuter status), size and species of dogs and cats currently housed at the address and their registered microchip or license information; the number of dogs and cats the applicant wants to keep at the address; and information on the type and size of the residence, the area where the animals will be kept, and the distance that such area is from abutting residences.
(3) The application form shall also contain forms and instructions for providing notice of the application to the occupants or owners of abutting residences. The applicant shall notify said occupants or owners prior to filing the application with the animal care and control authority.
(b) An inspection of the animals and the property will be conducted by the animal control officer.
(1) The applicant shall demonstrate that the applicant will be able to properly care for the number of animals requested without the animals creating noise or odor nuisances or otherwise creating a public nuisance.
(2) The applicant shall provide proof to the director that all persons required to be notified of the application were served with notice either in person or by certified mail, return receipt requested.
(c) At the conclusion of the inspection, the director or his or her designee shall either approve the application, modify the application or deny the application.
(d) The director may deny the application if the applicant:
(1) Has not met the requirements in subsections (a) and (b) above;
(2) Has within the preceding 24 months been cited for violating this chapter, been the subject of animal nuisance complaints or been charged with violating state law relating to the care and humane treatment of animals;
(3) Has not properly vaccinated and microchipped or licensed all dogs and cats at the residence in accordance with this chapter; or
(e) If the director determines that the applicant will not be able to care for the number of animals requested without the creation of noise or odor nuisances or without being otherwise detrimental to the public health, the director may modify the application and approve the keeping of more than three dogs or more than three cats, but fewer than the number requested in the application.
(f) A permit issued under this section shall be valid for an indefinite term, but shall be subject to revocation for violation of its conditions. The permit shall specify the number of animals the permittee shall be able to keep, and shall not be specific to individual animals. The permit shall remain valid if the permittee moves and properly notifies the director of the change of residence.
(g) A permit issued under this section is subject to the following conditions:
(1) A permittee shall notify the director, in writing, prior to changing residences;
(2) A permittee shall keep all dogs and cats housed at permittee's residence vaccinated and microchipped or licensed in accordance with this chapter;
(4) A permittee shall not maintain any animal odor or noise which creates a public nuisance at the residence;
(5) A permittee shall keep his or her animals under restraint at all times in accordance with this chapter;
(6) A permittee shall cooperate with the animal care and control authority should any of the animals be involved in a bite or otherwise create a condition which could reasonably expose or transmit rabies to any human being, and shall follow all rabies quarantine procedures as outlined by the Rabies Control Act of 1981, Tex. Health & Safety Code Ch. 826 and this chapter. If the director determines that any of the permittee's dogs is a dangerous dog, such determination shall subject the permit to revocation;
(7) A permittee shall comply with all other reasonable conditions placed upon the permit by the director.
(h) If the director determines that grounds exist to revoke a permit issued under this section or if requested by an occupant or owner of an abutting residence, the director may set a hearing, providing the following:
(1) Written notice shall be served on the permittee in person or by registered mail at least ten days prior to the hearing. The notice shall specify the date, time and place of the hearing, as well as any allegations of permit condition violations.
(2) Notice that is mailed shall be deemed received five days after it is placed in a mail receptacle of the United States Postal Service.
(3) No decision may be rendered at a hearing by reason of the permittee's failure to appear unless proof of actual service is shown.
(4) A decision to revoke a permit shall be based on a preponderance of the evidence. The city shall have the burden of proof. At the conclusion of the hearing the director's designee shall make written findings of fact and shall issue a written decision within 30 days.
(i) At revocation hearings, the following shall apply:
(1) The director's designee shall be empowered to administer oaths, to promulgate procedural rules for the conduct of the hearing and shall act as the hearing officer.
(2) A hearing under this section shall exhaust all administrative remedies of the applicant or permittee.
(j) Revocation of a permit will not result in the refund of any permit or application fee.
(k) Whenever any deadline specified in this section falls upon a Saturday, Sunday or a city-recognized holiday, the deadline shall be the next regular city business day.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) A person who violates a provision of this article shall upon conviction be deemed guilty of a misdemeanor, and shall be fined a sum not to exceed $2,000. However, a violation of § 6-17 is subject to a penalty not to exceed $500.
(b) Each day that a violation continues shall constitute a separate offense.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
§§ 6-25—6-40 RESERVED.
(a) Vaccine required.
(1) A person commits an offense if the person owns, keeps, harbors or has custody of a dog or cat over four months of age that has not been immunized against rabies as required by Tex. Health & Safety Code § 826.021.
(2) The same animal must receive a booster within the 12-month interval following the animal's initial vaccination.
(3) The same animal must be revaccinated against rabies according to the maximum labeled duration of immunity for the most recently administered vaccine or at a minimum of at least once every three years.
(4) In the prosecution of this subsection (a), it is an exception that the dog or cat was kept, harbored or in the custody of an animal shelter.
(b) Every owner of a dog or cat immunized against rabies shall procure a rabies vaccination certificate from the veterinarian administering the vaccine.
(c) The provisions restricting the use and sale of rabies vaccine for animals as set forth in the state statute enacting the "Rabies Control Act of 1981" are hereby adopted by reference, as contained in Tex. Health & Safety Code Ch. 826, a copy of which is on file in the office of the city secretary, and as amended from time to time.
(d) It shall be unlawful for a person to administer, sell or distribute rabies vaccine for animals in a manner not authorized by subsection (c) above.
(e) Every veterinarian whose office or place of business is located within the city and every designated veterinarian, whose office or place of business is located within or outside the city, shall keep detailed records of animal rabies vaccinations and, upon request of the director, shall provide rabies vaccination information to the animal care and control section.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
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