(A) Animals creating disturbances. No person shall keep or harbor on his premises or elsewhere in the city more than the maximum number of animals permitted by this chapter. No person shall keep or harbor on his premises or elsewhere any animal or fowl of any kind that makes or creates an unreasonable disturbance of the neighbors or the occupants of adjacent premises or persons living in the vicinity thereof, or permit such animal to make or create disturbing noises by howling, barking, crowing, bawling or otherwise.
(1) It shall be unlawful for any person to feed wild animals, stray animals or feral/community cats, regardless of age, sex or temperament. It shall also be unlawful for any person to place food of any kind with the intent to feed wild animals, stray animals or feral/community cats or to leave, store or maintain food of any kind in a manner or area accessible to wild animals, stray animals or feral/community cats, including:
(a) On any vacant or undeveloped property or tract of land in any zoning area.
(b) On property not owned or occupied by the person feeding or attempting to feed said wild animals, stray animals or feral/community cats.
(c) On any fenced or unfenced property, even if owned or occupied by the person feeding or attempting to feed said wild animals, stray animals or feral/community cats.
(d) This section shall not apply to: animal services officers or police officers for the City of Whitesboro during the course of their official duties or a person caring for an infant or injured wild animal that is not capable of surviving on its own and said person possesses a valid Texas State Parks and Wildlife Rehabilitation Permit and said wild animal is kept in a secure manner and in accordance with all other city ordinances and state laws.
(e) This section shall not apply to: approved zoological parks, performing animal exhibitions or licensed circuses, primary and secondary schools, colleges and universities or zoological parks owned or operated by a governmental entity, provided that any such wildlife is kept in a secure manner and in accordance with all other city ordinances and state laws.
(f) This section shall not apply to birdfeeders used for the sole purpose of feeding wild birds within the boundaries of a person's owned or occupied property, or the feeding of water fowl within Whitesboro city parks.
(g) This section shall not apply to: any person who is using food as an attractant to live trap a wild animal, a stray animal or a feral/community cat in a legally authorized or permitted manner.
(2) If upon investigation, an animal services officer or police officer for the City of Whitesboro determines that a person is in violation of this section, the animal services officer or police officer at their discretion, may issue a warning or citation and time frame for compliance to said person. Each day that a violation is permitted to exist shall constitute a separate offense.
(B) Animals emitting odors. It shall be unlawful for any person to maintain any animal or fowl in such a manner that residents of adjacent or nearby property are subject to obnoxious odors. All persons keeping animals shall keep their premises clean and free from obnoxious odors as well as flies, mosquitoes and other insects.
(C) Animals trespassing, attacking or damaging property. It shall be unlawful for any person to maintain any animal in any area which constitutes a nuisance by reason of repeated trespassing on public or private property, attacks on other animals or damage to public or private property.
(Ord. 914, passed 10-14-04; Am. Ord. 1194, passed 9-13-22) Penalty, see § 10.99