Sec. 6-5. Animal quantity limits.

   (a)   It shall be unlawful for any person to keep or have more than five total domestic animals at any one residence within the incorporated limits of the city subject to the exceptions provided herein.

   (b)   The following breeder exemption to the keeping of more than five total domestic animals within the incorporated limits of the city. Owners may claim exemptions from this section provided they provide proof that they breed animals for show or profit and adhere to the following criteria:

      (1)   The owner must submit in writing to the director of animal control or his designee a request for permit for a breeder exception and include copies of current rabies certificates for all domestic animals on-premises;

      (2)   After receipt of the request, the director or his designee will inspect the proposed breeding facility to ensure appropriate cleanliness, shelter, restraint and open space for all animals within the facility;

      (3)   After the proposed facility passes inspection, the owner will complete and return the permit application for a breeder exception with the annual fee of $100.00;

      (4)   Each year thereafter the owner will submit a new permit application with the appropriate fee and proof of current rabies vaccinations;

      (5)   The animal control authority will re-inspect the breeding facility at each annual renewal request and any time deemed necessary by the director to ensure compliance with this chapter;

      (6)   If at any time the director or his designee finds a violation of this chapter, the breeder permit will be revoked for a period of one year and the owner will be given ten days to remove all domestic animals exceeding the five animal limits, from the owner's premises and from the incorporated city limits;

      (7)   If the department receives a complaint from any adjacent property owner about the level of noise, smell, conditions or lack of restraint, the director or his designee will re-inspect the facility and may revoke the breeder exception permit if a violation is found; and

      (8)   No refund will be provided if the permit is revoked, and revocation of the breeder exemption permit will not exempt the owner from charges resulting in violations of an ordinance or city code found during the inspections.

   (c)   In the event that an accidental breeding occurs which results in the total number of domestic animals on-premises being exceeded:

      (1)   The director or his designee shall make the determination as to whether the breeder permit and fee shall immediately be applied based on the following:

         a.   Prior history of accidental breeding;

         b.   Breed/pedigree of bred animal; and

         c.   Willingness of owner to notify the director of the accidental breeding;

      (2)   The owner shall find homes for all members of the "accidental" litter exceeding the limit by their sixth month of age after rabies vaccinations have been administered by a licensed veterinarian;

      (3)   Proof of rabies vaccination shall be provided to the director by the owner; and

      (4)   Owners of the adult animal causing the accidental breeding will voluntarily sterilize the animal and provide proof to the director to prevent further accidental breeding.

(Code 2014, § 6-5; Ord. No. 685A, § 1.022, 12-12-2016)

Sec. 6-6. Penalty.

   (a)   Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a Class C misdemeanor, unless otherwise noted, and, upon conviction thereof, shall be fined a sum not to exceed $500.00, or as otherwise noted, for each and every violation.

   (b)   Any person violating section 6-4(a) is guilty of a Class A misdemeanor under the Texas Penal Code.

   (c)   An offense under section 6-21(d) is a Class C misdemeanor and, upon conviction thereof, shall be deemed guilty thereof and shall be fined a sum not to exceed $500.00 for each and every violation.

   (d)   An offense under section 6-22(e) is a Class C misdemeanor and, upon conviction thereof, shall be deemed guilty and be fined in a sum not to exceed $500.00 for each and every violation.

   (e)   Any person violating section 6-26 is guilty of an offense punishable as a Class A misdemeanor under V.T.C.A., Penal Code § 42.11.

   (f)   Any person who refuses to comply with and violates the provisions of section 6-41 and fails to quarantine a dog or cat which has been identified as the biting animal shall be guilty of a Class C misdemeanor and shall be fined in a sum not to exceed $500.00 for each and every violation. The owner shall receive a citation for each and every day the animal has not been placed in quarantine, up to the tenth day of the bite.

(Code 2014, § 6-6; Ord. No. 685A, § 1.024, 12-12-2016)

Secs. 6-7—6-20. Reserved.

ARTICLE II. CARE AND CONTROL OF DOGS AND CATS

Sec. 6-21. Vaccinations.

   (a)   Requirements for rabies vaccination:

      (1)   The animal must have been at least four months of age at the time of vaccination;

      (2)   At least 30 days have lapsed since initial vaccination;

      (3)   Not more than 12 months have lapsed since the initial 12-month vaccination and a revaccination with either a one-year or three-year USDA-approved rabies vaccination; and

      (4)   Rabies vaccination must be performed by a veterinarian who is licensed or legally permitted to practice veterinary medicine in the state.

   (b)   No person shall own, keep, or harbor any dog or cat four months of age or over within the city, unless such is vaccinated against rabies. In addition, the dog or cat must then be vaccinated against rabies 12 months following the initial rabies vaccination with either a one-or three-year USDA-approved rabies vaccination. Thereafter, allowing for an annual' or triennial vaccination interval depending upon the type of vaccine used (either one-or three-year duration), for subsequent vaccinations. The provisions of this section do not apply to animals owned by a licensed research facility or held in a veterinary medical facility or a government operated or licensed animal shelter.

   (c)   All dogs and cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization published by the National Association of State Public Health Veterinarians.

   (d)   A certificate of vaccination by a licensing authority shall be issued to the owner of each animal vaccinated on a form recommended by the compendium. Each owner shall also receive a durable vaccination tag provided by the veterinarian to be permanently attached to a collar or harness worn at all times when the animal is off the premises of the owner.

   (e)   A person commits an offense if he fails or refuses to have each dog or cat, of which he is the owner, vaccinated against rabies in accordance with this article.

(Code 2014, § 6-21; Ord. No. 685A, § 1.006, 12-12-2016)

Sec. 6-22. Restraint and control of animals.

   (a)   All animals shall be kept under restraint or within a secured enclosure, and no animal shall be permitted to run at large in the city. No owner shall fail to exercise proper care and control of his animals in order to prevent them from becoming a public nuisance, and the owner of every animal shall be held responsible for every action of the animal under provisions of this article and state law.

   (b)   No dog shall be permitted to bark excessively so as to disturb the owner's neighbors or cause a public nuisance.

   (c)   When any animal is found running at large and its ownership is verified by the animal control officer or a city police officer, the officer may exercise the option of serving the owner with a violation citation in lieu of impounding the animal.

   (d)   In the event that an animal has been identified as belonging to an individual and reasonable effort has been made to contact the owner for purposes of confinement and/or issuance of citations, where no contact was made, the officer may issue a citation without the signature of the legal owner. A copy shall be mailed to the residence by United States certified mail, return receipt requested. The mailing of the notice as provided herein shall constitute notice to the legal owner for all purposes.

   (e)   A person commits an offense if he fails or refuses to restrain any animal of which he is the owner, or if he permits the animal to cause a nuisance.

(Code 2014, § 6-22; Ord. No. 685A, § 1.007, 12-12-2016)

State law reference(s)—Authority to prohibit dogs running at large, V.T.C.A., Agriculture Code § 251.005; prohibiting permitting livestock to run at large, V.T.C.A., Agriculture Code § 143.101 et seq.

Sec. 6-23. Impoundment.

   (a)   It shall be the duty of the animal control officer to apprehend, confine, and impound all dogs and other animals as follows:

      (1)   All dogs or other animals infected or suspected being infected with rabies and all animals exposed to an animal infected with rabies, including animals known to have been bitten by a rabid animal, whether the animal to be impounded is running at large, or on a leash, or whether it is confined to its owner's premises;

      (2)   Animals which have bitten a person or which have been exposed to rabies; and

      (3)   Animals which are strays, at large, or unrestrained.

   (b)   All animals picked up under this section shall be impounded by the animal control officer in an animal shelter or other impounding facility and confined in a humane manner.

   (c)   Immediately upon impounding any animal, the animal shelter shall make a complete registry of the animal, entering the breed, color, and sex of the animal, and the place and time of taking it into custody.

   (d)   Also, immediately upon impounding any animal, the animal control officer or animal shelter shall make every reasonable effort to notify the owner and inform the owner of the conditions whereby custody of the animal may be regained. Animals bearing license tags or identification shall be held five full days. Animals bearing no tags or identification shall be held three days. Animals not claimed by their owners within the above-specified times shall become the property of the city.

   (e)   Disposal of an animal by any method specified herein does not relieve the owner of liability for violations and any accrued charges.

   (f)   When an owner makes a request to relinquish his animal to animal control, a fee for services requested will be required as follows: $30.00 per animal. The owner or custodian shall be determined by section 6-2. The owner shall be required to sign an "owner turn in" release identification card which releases the officer and the city from any and all responsibilities, either civil or criminal. By signing the "owner turn in" card, the owner shall surrender all claims to the animal.

(Code 2014, § 6-23; Ord. No. 685A, § 1.008, 12-12-2016)