§ 2. DOGS AND CATS
A.
GENERALLY
1.
Running at large prohibited.
a.
At large - Riding in vehicle.
No owner or keeper of any dog shall permit or allow such dog to run at large within the limits of the city. The owner or keeper of any animal running at large or not confined shall be in violation of this section. Unrestrained animals in the back of pickup trucks which are not covered with a camper cover or other such device shall be considered at large. Animals in vehicles shall be restrained in a manner which will not cause injury and will prevent the animal from reaching the outside of the vehicle.
b.
Same - Animal establishment.
Any animal off the premises of an animal establishment or outside the approved confinement area within said animal establishment without written approval from the animal control officer shall be considered at large and a violation of this section.
c.
At large on private property.
Any dog found trespassing or running at large upon any private property may be taken up by any person and delivered to the regulatory authority.
2.
Number of dogs and cats limited.
a.
Private premises.
It shall be unlawful for any person to keep, harbor, possess, maintain or allow to be kept, harbored, possessed or maintained more than four (4) dogs or four (4) cats or a combination of said animals with the total number exceeding four (4), over three (3) months old, upon or within any premises owned, occupied or under the control of such person within the city except where specifically exempt.
b.
Multiple dwellings.
It shall be unlawful for any person to keep, harbor, possess, maintain or allow to be kept, harbored, possessed or maintained more than two (2) dogs or two (2) cats or a combination of said animals with the total number exceeding two (2), over three (3) months old, upon any premises or within any apartment of a multiple dwelling structure within the city. The animal control officer shall have full authority to limit the number of dogs, cats and any and all other animals per apartment in any specific area of the complex, or in the multiple dwelling complex as a whole and he shall have the authority to enforce any such regulation as he may deem necessary for the control of rabies and for the health and safety of the people within such multiple dwelling complexes.
c.
Litters.
Only one (1) litter from animals permitted under Section 2, Subsection A(2) of this chapter shall be allowed at any given time.
d.
Exemptions.
The provision of this section limiting the number of animals shall not apply to the following:
1.
Veterinary hospitals;
2.
Pet shops;
3.
Kennels;
4.
Circuses; and
5.
Animal shelters.
3.
Defecation by dogs or cats.
It shall be unlawful for any person to fail to promptly remove and dispose of, in a sanitary manner, feces left by a dog or cat being handled by that person on property, public or private, other than the premises of the owner or handler of such dog or cat. For the purposes of this section, "handler" means the person having custody and control of such dog or cat, whether by leash or voice and sight. Further, it shall be unlawful for any person to walk a dog or cat on public property or the private property of someone other than the owner or handler of such dog or cat without having in their possession a container or other instrument suitable for the removal and disposal of such animal's feces in a sanitary manner. This section shall not, however, apply to handicapped persons using guide dogs or to peace officers while using animals in the discharge of law enforcement activities.
4.
Female dogs in heat.
The owner of a female dog is in violation of this section if the dog while in heat is at large. Such female dogs in heat shall be securely confined by the owner to the premises of the owner in such a manner as shall not create or cause to be created a nuisance of any kind to any person or persons.
5.
Prohibition against the restraint of dogs and mandating that dog enclosures must provide adequate space.
a.
It shall be unlawful for any person owning and/or controlling a dog or dogs, whether vaccinated or unvaccinated, licensed or unlicensed, to leave a dog or dogs or to allow said dog or dogs to be left outside and unattended by use of a restraint that unreasonably limits the animal's or animals' movement. The prohibitions of this subsection shall apply to the owner of any such dog or dogs as well as to all persons with an ownership interest or a possessory interest in the property on which said animal is restrained.
b.
Any dog confined within an enclosure as defined in Section 1, Subsection C, shall be provided with access to adequate food and water.
c.
Nothing in this section shall be construed to prohibit owners or others walking dogs with a handheld leash.
d.
Nothing in this section shall be construed to prohibit owners from allowing dogs to be attached to stationary objects so long as the restraint used to attach the dog is at least ten (10) feet in length, is such that the dog cannot become entangled, and allows the dog to move unheeded. Any dog attached to a stationary object as allowed pursuant to this subsection shall be provided with access to adequate shelter, food, and water.
e.
Nothing in this section shall be construed to prohibit owners from reasonably restraining dogs to protect those dogs from endangering themselves from storms, thunder, lightning, loud noise or other stimuli; provided that any dog so restrained shall be provided with access to adequate shelter, food, and water.
f.
Any person who intentionally, knowingly, recklessly or with criminal negligence violates any of the provisions of this section shall be deemed guilty of a class C misdemeanor and, upon conviction, shall be fined, except as otherwise provided herein, in a sum not to exceed five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
B.
LICENSE
1.
Required.
Every person owning, harboring or having in his or her possession a dog or cat is hereby required to obtain from the licensing authority for each dog or cat an annual license which must be obtained within seven (7) days following an annual rabies vaccination as required herein. It shall be unlawful for any person to own, keep, harbor or have in his possession within the city on the premises owned, occupied or controlled by the person, or at any other place, a dog or cat for which a current license has not been obtained as provided in this chapter, and said current license shall be valid and unrevoked.
2.
Exceptions.
The provision of this section requiring the licensing of dogs and cats shall not apply to the following:
a.
Dogs and cats under the age of four (4) months, if kept confined.
b.
Dogs or cats owned by, or in custody or under the control of persons who are nonresidents of the city, traveling through the city or temporarily sojourning therein for a period not exceeding thirty (30) days.
c.
Dogs or cats brought to the city exclusively for the purpose of entering the same in any show or exhibition and which are actually entered in and kept at such show or exhibition.
d.
Dogs duly and properly trained to aid or assist blind persons when such dogs are actually used by blind persons for the purpose of aiding or assisting such blind persons in going from place to place.
e.
Dogs duly and properly trained to aid or assist deaf persons when such dogs are actually used by deaf persons for the purpose of aiding or assisting such deaf persons in going from place to place.
f.
Dogs or cats kept in qualified institutions, approved by the animal control officer, for teaching or research purposes.
g.
Dogs or cats kept in veterinary hospitals or animal shelters as defined in Section 1, Subsection C.
3.
Proof of vaccination.
A license for a dog or cat shall not be issued unless there is exhibited to the licensing authority a certificate from a licensed veterinarian showing that the animal to be licensed has been inoculated with an approved rabies vaccine in accordance with the recommendations of the manufacturer.
4.
Valid period.
The license and registration shall be valid for a period of up to one (1) year and shall coincide with the beginning and expiration date of the rabies vaccination certificate.
5.
Animals brought into city.
Any owner of a dog or cat brought into the city from other areas shall within seven (7) days of arrival obtain a license for each dog or cat as required herein. Said license shall be valid for the time stated but under any condition shall not be valid for longer than one (1) year from the date of the last rabies vaccination.
6.
Identification tags.
a.
Required.
Upon acceptance of the license application or rabies vaccination certificate and payment of a license fee, the licensing authority shall issue a durable tag, stamped with an identifying number and the year of issuance; and said tag and/or the receipt for payment of said license tag shall be presented to the licensing authority upon demand. Failure to present the license tag or the receipt for said tag, as required herein, shall constitute a violation of this section.
b.
Tags attached.
The owner of every dog or cat shall attach the license identification tag to a collar or harness and said collar or harness with tags shall be worn by the dog or cat at all times when off the premises of the owner. Tags shall not be switched from one animal to another.
c.
Tags lost.
The licensing authority shall maintain a record of the identifying numbers of all tags issued and this record shall be available to the public. If the license tag has been lost, a duplicate may be obtained from the licensing authority for three dollars ($3.00).
C.
RABIES IMMUNIZATION
1.
Rabies vaccination required.
Each person owning, harboring or having in his or her possession a dog or cat shall have the dog or cat vaccinated against rabies by the time the animal is four (4) months of age by means of an anti-rabies vaccine approved by the animal control officer. The rabies vaccine shall be administered by a duly licensed veterinarian. The immunization shall be for a period of up to one (1) year. No dog or cat over four (4) months of age shall be brought into the city which has not been vaccinated for rabies.
2.
Certificate of vaccination.
Every veterinarian who vaccinates any dog or cat within the city shall issue a certificate of vaccination to the owner, stating the name and address of the owner, description of the dog or cat, the date of vaccination, number of the rabies vaccination tag, and in addition, other information as specified by the veterinary licensing agency which the owner shall present or give to the animal control officer upon request.
3.
Rabies vaccine administered.
a.
Vaccination.
To prevent improper vaccination of animals and the accidental exposure of humans to rabies, rabies vaccine for animals shall be administered only by or under the direct supervision of a veterinarian who is licensed to practice in the State of Texas.
b.
Sale of vaccine.
No person shall sell or distribute rabies vaccine for animals to any person except a licensed veterinarian or in a veterinary clinic who accepts the vaccine on behalf of the veterinarian.
c.
Licensed pharmacy.
This section does not prohibit a pharmacy licensed by the Texas State Board of Pharmacy from supplying rabies vaccine for animals to licensed veterinarians.
(Ordinance No. 08-2016 of September 22, 2016, Sec. 2(Exh. A))