All persons offering animals for sale and/or trade within the corporate city limits shall comply with the following provisions for the care and treatment of such animals:
(A) Feed and water.
(1) Water and food shall be free of contamination, and receptacles shall be clean and sanitary.
(2) Water shall be available at all times, and containers shall be filled as needed.
(3) Adequate supplies of food shall be provided to all animals.
(B) Shelter, sanitation and health.
(1) Shelter, as the term is used in this subsection, shall include any type of cage, coop, enclosure, confinement, pen, and/or containment area used to confine, contain, display, enclose or control any animal offered for sale or trade.
(2) All shelters shall be maintained in a sanitary condition.
(3) All shelters must provide sufficient space for each animal to stand, turn around, sit and lie in a comfortable and normal position.
(4) All shelters must be constructed in such a manner so as to protect the animals' feet and legs from injury.
(5) All shelters must be constructed in such a manner as to protect the animals from any form of overheating, cold or inclement weather, must provide adequate ventilation, and must enable the animals to remain dry and clean. Cages, pens, crates, coops or other similar containments must be elevated from the ground.
(6) All shelters must provide convenient access to food and water receptacles.
(7) Excreta shall be promptly removed from all shelters as often as necessary to prevent contamination of the inhabitants and to reduce disease, hazards and odors.
(8) No animal shall be offered for sale which is known or suspected to be sick or unhealthy. All sick or injured animals shall be promptly removed from the grounds by the owner or any person left in charge of the animal. If the owner, or person in charge of the animal, fails to remove the animal, an Animal Control Officer may impound the animal in accordance with the provisions of § 90.06.
(9) All animals younger than six weeks old must be accompanied by their mothers.
(10) Any animal which appears to overpower or cause injury to another animal in a commonly confined shelter shall be removed by the owner or any person left in charge of the animal. Any injured animal shall be removed from the common confinement by the owner or person left in charge of the animal, and such person or owner shall seek veterinarian treatment for the animal, if necessary. If the owner, or person in charge of the animal, fails to remove the animal, an Animal Control Officer may impound the animal in accordance with the provisions of § 90.06.
(11) No animals shall receive any behavior-altering drugs either before or during the period of time offered for sale or trade.
(12) The owner, or person left in charge of the animal, must comply with the applicable provisions regarding Rabies Control in § 90.20. The owner, or any person left in charge of the animal, must possess a valid vaccination certificate signed by a veterinarian licensed by the State of Texas.
(13) Any person offering animals for sale or trade must comply with § 90.21 relating to reporting bites from animals susceptible to rabies and related procedures.
(C) Transporting animals. The following provisions shall be applicable to all persons upon both arrival and departure into the corporate city limits:
(1) Animals shall be transported in crates, containers, coops, cages, boxes with adequate ventilation or other similar containments.
(2) Transporting animals in open vehicles is prohibited.
(3) No person shall transport or retain animals in bags, sacks, or any other inhumane manner.
(4) Any type of containment used for transporting animals shall enable the animal to travel standing or sitting in a natural position without undue restraints. Each containment must have sufficient space to enable the animals to move around. If travel time is one hour or longer, enough space shall be provided for the animals to lie down.
(5) The flooring of any such transportation containments must be constructed in such a manner that the legs and feet of the animals will not be entangled or injured.
(6) Young animals, such as kittens or puppies, must be transported in small containments with adequate ventilation. Young animals shall not be transported by being carried in a person's arms.
(7) Animals shall not be transported with legs or mouths tied or bound.
(D) Miscellaneous provisions.
(1) Brutal, inhumane treatment of any animal is prohibited. This includes, but is not limited to, hitting, slapping, kicking, dragging (with ropes, wires or hands), tying too close together, or to trees, or to vehicles to prevent lying down or reaching water, or tying with tight collars or ropes or wires or tying an animal's feet together.
(2) During the period of time animals are offered for sale or trade, performing animal mutilations, such as cropping ears and docking tails, is prohibited.
(3) Abandoning an animal is strictly prohibited.
(4) Treatment of live birds. In addition to all other applicable provisions of § 90.04, all persons offering live birds for sale or trade must comply with the following:
(a) The person shall immediately place the birds in coops, crates, or cages that are made of open slats or wire on at least three sides and that are of a height so that the birds can stand upright without touching the top.
(b) The person shall keep clean water and suitable food in troughs or other receptacles in the coops, crates, or cages. The troughs or other receptacles must be easily accessible to the confined birds and must be placed so that the birds cannot defile their contents.
(c) The person shall keep the coops, crates, or cages in a clean and wholesome condition and may place in each coop, crate, or cage only the number of birds that have room to move around and to stand without crowding one another.
(d) The person may not expose the birds to undue heat or cold and shall immediately remove all injured, diseased, or dead birds from the coops, crates, or cages.
(e) Small birds, such as canaries and finches, must be provided with enough perches that they are not forced to hang onto the sides and roofs of their cages.
(5) Encouraging or instigating fighting between two or more animals is strictly prohibited.
(7) The person who is in control of or in charge of an animal, regardless of whether or not he is the owner, shall be responsible for compliance with § 90.04. Furthermore, if conditions exist which violate this chapter, and the owner of the animal is absent, then the person in control of, or in charge of, the animal shall receive the citation for noncompliance.
(8) Animals which have in any way been subjected to artificial color or dye are prohibited.
(9) It is within the power and complete discretion of the Animal Control Officer to make a judgment as to whether an act or situation involving an animal is cruel and inhumane, and to take appropriate action in accordance with this chapter.
(Ord. 98-014, passed 5-26-98; Am. Ord. O-2021-002, passed 1-26-21)