(A) Owner's duty to provide food, shelter, and care. The owner or person who has custody or control of any animal shall:
(1) Keep the animal in clean, sanitary, and healthy condition;
(2) Provide the animal sufficient nutritious and wholesome food, served to the animal in clean containers, to maintain the animal's good health;
(3) Provide the animal constant and adequate supply of fresh, clean, potable water served from a clean container that keeps the animal hydrated for environmental conditions;
(4) Provide the animal care and veterinarian medical treatment for injuries, parasites, and disease that is sufficient to maintain the animal in good health and minimize and prevent suffering;
(5) Maintain the animal's shelter (pens, kennels, coops, fenced areas and enclosures of any kind) in sanitary condition, including, but not limited to, disposing all animal waste promptly, and all pens and enclosures shall be cleaned as needed to prevent odors and not attract insects or other vermin or create a nuisance; and
(6) Provide the animal with adequate shelter that:
(a) Is large enough for the animal to enter, stand, turn around, and lie down in a natural manner;
(b) Keeps the animal dry;
(c) Provides the animal natural or artificial shade from direct sunlight;
(d) Protects the animal from excessive heat and cold and other adverse weather conditions; and
(e) Is adequately ventilated.
(B) Abuse of animals prohibited. No person shall beat, cruelly ill-treat, torment, mentally abuse, overload, overwork, or otherwise abuse an animal, or cause, instigate or permit any dog fight, cock fight, or other combat between animals or between animals and humans.
(C) Abandoning an animal. It shall be unlawful for an owner or other person having custody or control of any animal to abandon such animal, including the abandonment of any animal at the animal control facility.
(D) Cropping, docking, or castrating. It shall be unlawful for a person other than a licensed veterinarian to crop a dog's ears, dock an animal's tail; or castrate an animal; provided, however, that this section shall not apply to normal livestock operations occurring within the city.
(E) Striking animal with vehicle. The operator of any motor vehicle which strikes or injures a domesticated animal shall stop and immediately render aid and report such incident to the ACA or the police.
(F) Tying dogs and other animals. A person commits an offense if the person ties or tethers a dog or other animal in an unenclosed front or back yard, or by a fixed point, chain, or tether so as to create, as determined by the ACA, an unhealthy situation for the animal or a potentially dangerous situation for a person or another animal. A person restraining a dog with a chain or tether shall attach the chain or tether to a properly fitted collar, not wrap a chain or tether directly around the animal's neck.
(1) An owner may not leave an animal outside and unattended by use of a restraint that unreasonably limits the animal's movement:
(a) Between the hours of 10:00 p.m. and 6:00 a.m.;
(b) Within 500 feet of the premises of a school; or
(c) In the case of extreme weather conditions, including conditions in which:
1. The actual or effective outdoor temperature is below 32° 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.
(2) A restraint unreasonably limits an animal's movement if the restraint:
(a) Uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the animal;
(b) Is a length shorter than the greater of:
1. Five times the length of the animal, as measured from tip of the animal's nose to the base of its tail; or
2. Ten feet;
(c) Is in an unsafe condition; or
(d) Causes injury to the animal.
(3) Exceptions. Divisions (F)(2)(b)1. and (F)(2)(b)2. above do not apply to:
(a) An animal restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar;
(b) An animal restrained in compliance with the requirements of a camping or recreational area as defined by a Federal, state, or local authority or jurisdiction;
(c) An animal restrained for a reasonable period, not to exceed three hours in a 24-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the animal to be restrained;
(d) An animal restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by the state if the activity for which the license is issued is associated with the use or presence of the animal;
(e) An animal restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or
(f) An animal restrained while the owner is engaged in conduct directly relating to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the animal.
(4) A restrained animal must have access to water and shelter from the elements, have a restraint that does not become entangled, and stay within the owner's property.
(5) Penalty.
(a) A peace officer or ACO who has probable cause to believe that an owner is violating this section shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.
(b) A person commits an offense if the person is provided a statement as described in division (F)(5)(a) and fails to comply with this section within 24-hours of the time the owner is provided the statement. An offense under this section is a Class C misdemeanor.
(c) A person commits an offense if the person violates this section and has previously been convicted of an offense under this section. An offense under this section is a Class B misdemeanor as provided in Tex. Health and Safety Code, § 821.079.
(d) If a person fails to comply with this section with respect to more than one animal, the person's conduct with respect to each animal constitutes a separate offense.
(e) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
(6) Hand-held leashes. This section does not prohibit a person from walking an animal with a hand-held leash.
(G) Fences/enclosures. A person commits an offense if the person keeps a dog or other animal within a fence/enclosure which is in such a state of disrepair that the animal may escape or be injured or may pose a threat to passersby.
(H) Young rabbits and fowl. A person commits an offense if the person sells, offers for sale, barters or gives away as toys, premiums or novelties, baby chickens, ducklings or other fowl under three weeks old and rabbits under two months old, unless the manner or method of display is first approved by the ACA.
(I) Dyed animals. A person commits an offense if the person colors, dyes, stains or otherwise changes the natural color of any chickens, ducklings, other fowl or rabbits, or possesses, for the purpose of sale or to be given away, any of the above-mentioned animals which have been so colored.
(J) Animals not to be used as prizes or inducements. A person commits an offense if the person gives away or auctions any animal as a prize for, or as an inducement to enter any contest, game or competition, or as an inducement to enter a place of amusement or offer such animal as an incentive to enter into any business establishment whereby the offer was for the purpose of attracting trade.
(K) Hunting and trapping. No person may hunt, trap, wound, kill, maim, torture or otherwise threaten the health and safety of any indigenous wild animal in the city limits, excluding the trapping of nuisance wildlife under the authorization and supervision of the ACA; also excluding any person who holds a seasonal hunting license for a species for which there exists a hunting season, and that person's hunting activities occur on property which is properly zoned, and property owner's permission has been granted for such activity; or a person holds proper permits issued by the ACA or Texas Parks and Wildlife.
(L) Animals in parked vehicles. A person commits an offense if the person leaves any animal in any standing or parked vehicle in such a way as to endanger the animal's health, safety or welfare. The ACA or peace officer is authorized to use reasonable force to remove an animal from a vehicle whenever it appears the animal's health, safety or welfare is or soon will be endangered, and said animal shall be impounded.
(M) Seizure. The ACA shall liberally utilize the authority granted by Tex. Health and Safety Code, § 821.022 to seize and impound any animal, if the ACA has reason to believe that an animal has been or is being cruelly treated, pending a hearing before the municipal court on the issues of cruelty and disposition of the animal. Seizure of the subject animal prior to receiving a warrant is hereby authorized if such delay endangers the life of or would unreasonably prolong the suffering of the subject animal.
(N) Displaying for commercial purposes.
(1) A person commits an offense if the person displays any live animal for a commercial purpose on any roadside, public right-of-way, or commercial parking lot. Commercial purpose shall include, but not be limited to, intent to sell, trade, barter, lease, rent, or give away, any live animal.
(2) A person commits an offense if the person receives any live animal through sale, trade, barter, lease, rent, or give away conducted on any roadside, public right-of-way, or commercial parking lot.
(O) Class A misdemeanors. A person commits a Class A misdemeanor offense if that person violates V.T.C.A., Penal Code, §§ 42.09, 42.091, or 42.092, as currently written or as may be amended.
(P) Class C misdemeanors. The ACA shall determine whether to file a violation of this section as a Class C misdemeanor or Class A misdemeanor depending on the degree of abuse or neglect.
(Q) Other law. The actions prohibited by this section are in addition to any prohibitions existing elsewhere in this code or any applicable state or Federal law. Nothing in this section shall be construed to limit any duty imposed on an owner by any other provisions of this code or any applicable state or Federal law.
(Ord. 408, passed 2-14-2019)