C*******w
发帖数: 643 | 1 准备在Katy安家落户，天天的看房看房看房，为的是赶紧买房买房买房。
一个特别重要的问题： 相知道HOA是否允许孩子在后院养几只鸡或者鸭玩吗 。
想当我的agent, 赶紧交来标准答案 | C*******w
发帖数: 643 | 2 我KAO, 这么高大上的问题竟然没人看，没人回。 | T*U
发帖数: 22634 | 3 不叫就没问题，公鸡肯定不行
【在 C*******w 的大作中提到】
: 准备在Katy安家落户，天天的看房看房看房，为的是赶紧买房买房买房。
: 一个特别重要的问题： 相知道HOA是否允许孩子在后院养几只鸡或者鸭玩吗 。
: 想当我的agent, 赶紧交来标准答案
| e*i
发帖数: 10288 | 4 General answer : NO.
Unless your lot is 1 acre or more.
I did some research for my daughter last year. :P
ARTICLE 2.01 GENERAL PROVISIONS*
Sec. 2.01.001 Dangerous wild animals
Dangerous wild animals, as defined in V.T.C.A., Health and Safety Code,
section 822.101, shall be regulated in accordance with the provisions of V.T
.C.A, Health and Safety Code, chapter 822, subchapter E, section 822.101 et
seq. (Ordinance adopting Code)
ARTICLE 2.02 LIVESTOCK AND FOWL*
Division 1. Generally
Sec. 2.02.001 Definition
Within the meaning of this article, livestock and fowl include but are not
limited to cattle, horses, sheep, rabbits, chickens, ducks, guinea fowl,
geese and exotic animals. Not included within the definition hereof are dogs
, cats, caged songbirds, and other small domestic animals commonly kept as
household pets and not raised for food or commercial purposes. No swine
shall be permitted unless exempt under section 2.02.012 or 2.02.013. (1999
Code, sec. 2.110)
Sec. 2.02.002 Enforcement; penalties
Any person, firm, or corporation violating the provisions of this article
shall be guilty of a class C misdemeanor and for each day of violation fined
as provided for in the general penalty provision found in section 1.01.009
of this code, or the city may bring a civil action for the enforcement of
this article as provided by the Local Government Code, chapter 54,
subchapter B, and seek a civil penalty not to exceed one thousand dollars ($
1,000.00) per day. (Ordinance 2623, sec. I (2.111), adopted 3/10/14)
Sec. 2.02.003 Keeping generally
(a) No person or other entity shall raise, keep, breed or maintain any
livestock and/or fowl within the city without first having complied with
this article.
(1) Minimum tract size required. No person or other entity shall raise,
keep, breed or maintain any livestock and/or fowl within the city on a tract
of land smaller than one (1) acre.
(2) Restricted to personal noncommercial use. No person or other entity
shall raise, keep, breed or maintain any livestock and/or fowl on a tract of
land within the city except for personal noncommercial use.
(3) Number of livestock or fowl and containment. The number of livestock
or fowl that will be permitted on each one (1) acre tract are: two horses,
or two cows, or two goats or two sheep, or 25 rabbits, or 25 chickens or
other fowl. All rabbits, chickens and other fowl shall be maintained in
closed pens and shall not be allowed to wander about the premises. Horses,
cows or sheep shall be contained within a fenced area. Such fence shall be
of sufficient strength and design to hold such animals.
(4) Swine not allowed. No person or other entity shall raise, keep,
breed or maintain swine within the city unless they qualify for an exemption
as hereinafter provided.
(5) Agricultural tax exempt land. The regulations contained in this
article do not apply to land that qualifies as agricultural land under the
provisions of Texas Tax Code, section 23 subchapter C or D.
(b) A property that is in compliance with the requirements of this
article does not become out of compliance because of the subsequent location
or relocation of a residence or commercial business establishment on
adjacent property or the change in use of adjacent property.
(Ordinance 2623, sec. I (2.101), adopted 3/10/14)
Sec. 2.02.004 Distance of stables, pens, etc., from residence or
business establishment
No stable, barn, pen, or other area or shelter where livestock or fowl are
kept shall be closer than one hundred feet (100') to any residence or
commercial business establishment unless such residence or commercial
business establishment is located on the real estate where such stable, barn
, [or] pen, is located or the area where livestock or fowl are kept.
Landowners wishing to maintain livestock or fowl within one hundred feet (
100') of a residence or commercial business establishment that is not owned
by the livestock owner may do so upon presentation of a waiver signed by all
landowners within 100 feet of the pen, barn, stable or other area where
such livestock or fowl will be maintained and such other information
necessary to obtain a permit. (Ordinance 2623, sec. I (2.105), adopted 3/10
/14)
Sec. 2.02.005 Sanitation
All stables, barns, pens, or other areas where livestock or fowl are kept
shall be maintained in a clean and sanitary condition so as to prevent
obnoxious odors, the attraction and breeding of flies and/or rodents or the
creation of any health hazard or accumulation of fecal matter or decaying
organic matter. Fecal matter or decaying organic matter shall be prevented
from being carried into road ditches, adjoining property and public streets
by rainwater runoff. Any stable, barn, pen or other area or shelter where
livestock or fowl are kept must have attached a permanent water supply. (
1999 Code, sec. 2.106)
Sec. 2.02.006 Noise
The landowner and/or owner of the livestock and/or fowl shall maintain all
livestock and fowl so that animal sounds and noises shall not disturb
residents on adjoining or nearby tracts of land. The landowner and/or owner
of the livestock and/or fowl shall maintain any animal or fowl with a
natural propensity for nocturnal noises within a closed barn or building
between the hours of 6 o抍lock p.m. and 6 o抍lock a.m. (1999 Code, sec. 2.
107)
Sec. 2.02.007 Complaints; correction of violations
Complaints regarding the keeping of livestock and/or fowl will be referred
to and investigated by the appropriate officer or department, i.e., humane
officer, health department, police department, public works department. If
such conditions as health and sanitation, rainwater runoff or noise
violations or nuisance violations, as hereafter set out, are found, the
officer or department head inspecting the premises shall serve written
notice of nuisance, itemizing those matters found in violation of this code,
on the landowner and owner of the livestock and/or fowl if not the same as
the owner, and shall post notice at the site. Thereafter, the landowner and/
or owner of the livestock and/or fowl shall have ten (10) days to correct
the violation and remove the nuisance. If not corrected, the owner shall be
subject to any fine levied hereunder in addition to revocation of the animal
permit. (1999 Code, sec. 2.108)
Sec. 2.02.008 Nuisances
(a) Any stable, barn, pen or other area where livestock or fowl are kept
which produces any obnoxious odor, or where flies or rodents may be found
or may be breeding, or where unreasonable accumulations of fecal material or
decaying organic matter are found, or which may be a health hazard or
injurious to the welfare of the citizens of the city, is declared a public
nuisance.
(b) Any livestock or fowl which creates unreasonable noise or other
activity which disturbs the repose or comfort or peace and quiet of
adjoining or nearby residents are declared a public nuisance.
(c) The flow of rainwater carrying fecal matter or decaying organic
matter from any property into a road ditch, onto any public road or onto any
adjoining property is declared a public nuisance.
(d) Livestock or fowl found outside their designated pen, stable or barn
and roaming on adjoining property or any public property on more than one
occurrence are declared a public nuisance.
(1999 Code, sec. 2.109)
Sec. 2.02.009 Running at large prohibited
It shall be unlawful for any person owning, having control over or having
custody of any livestock or fowl to allow such livestock or fowl to run at
large outside their designated pen, barn or stable or to be at large on any
public property, roadway, alley, square, park, sidewalk or any other
property. (1999 Code, sec. 2.112)
Sec. 2.02.010 Impoundment of animals running at large
It shall be the duty of the animal control officer or deputy to impound all
livestock and fowl found running at large on any public property, roadway,
alley, square, park, sidewalk or any other property not belonging to the
person owning the animals or who may otherwise be in control of the animals
or fowl. (1999 Code, sec. 2.113)
State law reference朓mpoundment of estrays, V.T.C.A., Agriculture Code, sec.
142.009.
Sec. 2.02.011 Redemption of impounded animals
The owner or person in control of impounded livestock or fowl may redeem the
livestock or fowl by the payment of an impoundment fee in the amount
established in appendix A to this code per head of livestock or fowl plus a
per day impoundment fee for each head of livestock and fowl redeemed in the
amount established in appendix A to this code. Livestock and fowl not
redeemed after seven (7) days shall be deemed abandoned. Abandoned livestock
or fowl may be sold at public auction after publishing notice of sale at
least twice in the local newspaper. Such notice shall contain a description
of the livestock or fowl being auctioned. If after publishing notice the
owner seeks to redeem the livestock or fowl, the owner, in addition to
paying the impoundment fee and per diem fee, must also reimburse the city
for the cost of publishing notice. (1999 Code, sec. 2.114; Ordinance
adopting Code)
Sec. 2.02.012 Future Farmers of America and 4-H projects
Members of a chapter of the Future Farmers of America (FFA) or the 4-H
located within the city limits wishing to maintain livestock or fowl under
the direction of the FFA or 4-H on a tract smaller than one (1) acre may do
so upon presentation of a waiver signed by all landowners within 100 feet of
the pen, barn, stable or other area where such livestock or fowl will be
maintained and such other information necessary to obtain a permit. The fee
requirements of section 2.02.041(b) are waived for such project. The permit
shall be renewable annually. Livestock or fowl maintained under this
provision shall be maintained at the residence of the member. For the
purposes of this article the prohibition against swine is waived. (Ordinance
2623, sec. I (2.115), adopted 3/10/14)
Sec. 2.02.013 School district activities
The provisions of this article do not apply to any agricultural related
activity sponsored by and located on property owned by a public school
district. (Ordinance 2623, sec. I (2.116), adopted 3/10/14)
Secs. 2.02.014.02.040 Reserved
Division 2. Permit
Sec. 2.02.041 Required; application; renewal
(a) Any person or other entity raising, keeping, and maintaining
livestock and/or fowl on a tract of land larger than one (1) acre shall
obtain an annual permit from the city (animal permit), except that no permit
is required for single tracts of land larger than five (5) acres.
(b) After the original permit is issued, renewal permits must be
obtained on or before the expiration date of the permit by completing a new
application and paying a renewal fee as provided in the fee schedule found
in the appendix of this code.
(c) Applications for animal permits shall be obtained from the city
secretary抯 office.
(d) Applications for animal permits and renewals shall contain the
following: name, address, telephone number of the persons, firm, or
corporation raising, keeping, and maintaining livestock and/or fowl; mailing
and street address of the owner of the property on which the livestock or
fowl are to be kept; description of the property on which the livestock or
fowl are to be kept; description and number of animals or fowl which will be
kept; drawing showing location of premises where any stable, barn, pen, or
other area where livestock or fowl are to be located and showing the
location of and distance to neighboring residences or commercial buildings.
With each application, applicants shall a pay nonrefundable fee as provided
in the fee schedule found in the appendix of this code.
(Ordinance 2623, sec. I (2.102), adopted 3/10/14)
Sec. 2.02.042 Revocation
Permits issued under this article are revocable by the city council. Permits
may be revoked on the grounds of violation of this article, noise, or other
circumstance the city council determines creates a nuisance, and changed
conditions. The city council shall serve notice of its intention to revoke
ten (10) days prior to the meeting at which such revocation will be
considered. Any person holding a permit having received such revocation
notice shall be allowed to appear and be heard by the city council. The
revocation provided herein shall be a remedy in addition to the criminal
penalties provided herein for violation of this article. (1999 Code, sec. 2.
103)
Sec. 2.02.043 Inspection of site
Prior to issuance of a permit, original or renewal, the animal control
officer or designee shall make an inspection of the site. If such site is
denied approval, the animal control officer shall file a written report
identifying the basis for denial with the city administrator with a copy
furnished to the applicant. (Ordinance 2623, sec. I (2.104), adopted 3/10/14)
Sec. 2.02.044 Existing permits
Any unexpired permit issued under any prior ordinance for the maintaining of
animals or fowl shall remain in full force and effect under the ordinances
in existence at the time of the issuance of such permit. No permit issued
under a prior ordinance shall be renewed unless it complies with the
provisions of this article. All ordinances in conflict with this article are
hereby revoked as of the effective date of this article. (1999 Code, sec. 2
.117)
ARTICLE 2.03 DOGS AND CATS*
Division 1. Generally
Sec. 2.03.001 Definitions
For purposes of this article:
At large.
(1) Not under the control of the owner either by a leash, chain, cord,
or other suitable material attached to a collar or harness; or
(2) Not restrained securely within an enclosure or fence.
Dog and cat. Shall mean both the male and female.
Dog kennel or cattery. Any lot, enclosure, or premises, or structure or
building, except a veterinary hospital, whereon or wherein four (4) or more
dogs or cats over the age of six (6) months are kept or maintained for any
purposes whatsoever. Kennel or cattery may be individually or collectively
referred to in this article as 損ound.br />
Owner. Any person, firm, or corporation owning or keeping or harboring or
having control of, or custody of, a dog or cat.
(1999 Code, sec. 2.201)
Sec. 2.03.002 Keeping unlicensed or unvaccinated dog or cat
Any owner who shall maintain or keep a dog or cat more than six (6) months
of age on any premises within the corporate limits of the city which has not
been licensed and vaccinated as required by this article shall be guilty of
a misdemeanor and shall be fined as provided for in the general penalty
provision found in section 1.01.009 of this code. (1999 Code, sec. 2.222(a))
Sec. 2.03.003 Refusal to deliver unlicensed or unvaccinated animal for
impoundment
Any person who shall refuse to deliver any unlicensed or unvaccinated dog or
cat to the city animal control officer or any of his deputies or any city
police officer upon demand for impounding shall be guilty of a misdemeanor
and shall be fined as mentioned in section 2.03.002. (1999 Code, sec. 2.222(
b)(1))
Sec. 2.03.004 Confinement of animal biting person or suspected of
having rabies
(a) Any dog or cat or animal that has rabies or symptoms thereof, and
suspected of having rabies, or that has been exposed to rabies, shall at
once be released by its owner/possessor for disposal or confinement in a
veterinary hospital approved by the city council or to the city animal
control officer.
(b) Every dog and cat that has rabies or symptoms thereof, or any dog or
cat that bites, scratches, or otherwise attacks any person not the owner or
possessor of same, may be immediately impounded and be held at the owner抯
expense in any veterinary hospital approved by the city council or by the
city animal control officer. All such costs as herein incurred shall be the
obligation of the animal抯 owner/possessor and shall be paid in full before
the animal is released. If such amount is not paid following notice to the
owner/possessor, the dog or cat shall be delivered to the pound and disposed
of in accordance with other provisions of this article.
(c) Any owner or possessor of a dog or cat who refuses to deliver a dog
or cat having rabies or symptoms thereof, or which has bitten, scratched, or
otherwise attacked any person not the owner or possessor of same, to the
city animal control officer or person authorized to act under this article
shall be guilty of a misdemeanor and shall be fined any sum as provided for
in the general penalty provision found in section 1.01.009 of this code.
(1999 Code, sec. 2.222(b)(2)4))
State law reference朡uarantine of animals, V.T.C.A., Health and Safety Code,
sec. 826.042.
Sec. 2.03.005 Allowing dog to run at large
Any owner, keeper or custodian of a dog who shall allow such dog to run at
large, as such term is herein defined, whether on public or private property
, except as provided in section 2.03.013, shall be guilty of a misdemeanor,
if convicted, as mentioned in section 2.03.002. (1999 Code, sec. 2.222(c))
Sec. 2.03.006 Obstructing enforcement
The city animal control officer, his deputies and city police officers on
duty shall have the right at any reasonable time to inspect any dog or cat
to determine if said dog or cat is licensed and vaccinated as required by
this article and shall have the authority to enter any premises for such
purpose. It shall be unlawful for any person to refuse entrance to such city
animal control officer, his deputies or city police officers on duty or to
impede, obstruct or exclude such city animal control officer, his deputies
or city police officers on duty when attempting to enter such premises for
the purpose of inspecting such dog or cat, and any person who shall refuse
entrance or impede or obstruct such city animal control officer, his
deputies or city police officers on duty shall be guilty of a misdemeanor
and shall be fined as mentioned above. (1999 Code, sec. 2.222(d))
Sec. 2.03.007 Limitation on number of animals
No more than three (3) dogs and/or cats over the age of six (6) months shall
be kept on their owner抯 premises within the city limits, nor shall any
person keep, house, feed, breed, or maintain more than three (3) dogs or
cats over the age of six (6) months at any time within the city. (1999 Code,
art. 2.400)
Sec. 2.03.008 Dogs running at large on public property
Except as provided in section 2.03.013, it shall be unlawful for any person
owning or having control over or having custody of any dog to permit or
allow such dog to run or be at large upon any public highway, street, alley,
court, square, park, sidewalk or any other public property within the
corporate limits of the city. (1999 Code, sec. 2.202)
Sec. 2.03.009 Dogs or cats running at large on private property
It shall be unlawful for any person owning or having control over or having
custody of any dog or cat to permit or allow such dog or cat to run or be at
large upon any lot, tract or parcel of land within the corporate limits of
the city, except on fenced property belonging to the dog or cat owner. (1999
Code, sec. 2.203)
Sec. 2.03.010 Licensing and vaccination required
(a) Annual license fee. There is hereby levied upon each and every dog
or cat more than four (4) months of age that is kept, harbored or maintained
by the owner thereof in the corporate limits of the city an annual license
fee as provided for in the fee schedule found in the appendix of this code.
(b) License issued by city animal control officer. Dog and cat licenses
shall be issued by the city animal control officer upon payment of the
license fee and application made upon printed forms provided for such
purpose, which application shall state the name and address of the owner or
keeper of such dog or cat and the name, breed, color and sex of the dog or
cat being licensed.
(c) License certificate and tag. Upon payment of the license fee, the
city animal control officer shall issue to the owner a license certificate
and a metallic tag for each dog and cat so licensed. The tag shall have
stamped thereon the year for which it was issued and the number
corresponding with the number on the certificate.
(d) Proof of vaccination required. The city animal control officer shall
not issue any license or license tag for any dog or cat until the owner or
person in charge of such dog or cat shall have obtained and presented to
such animal control officer a current certificate from a veterinarian,
licensed to practice veterinary medicine in the state, verifying that such
dog or cat has been vaccinated for rabies.
(e) License tag not transferable. Dog license tags shall not be
transferable from one dog or cat to another and it shall be unlawful for the
owner or person having control over or custody of any dog or cat to
transfer such license tag from the dog or cat for which such tag was issued
to any other dog or cat.
(f) License fees not refundable. No refunds shall be made for any dog or
cat license fee because of death of the dog or cat or the owner抯 leaving
the city before the expiration of the license period.
(Ordinance 2623, sec. I (2.204), adopted 3/10/14)
State law references朢egistration of dogs and cats, V.T.C.A., Health and
Safety Code, sec. 826.031 et seq.; rabies vaccinations, V.T.C.A., Health and
Safety Code, sec. 826.021 et seq.
Sec. 2.03.011 Wearing of collar and tags
It shall be unlawful for any person to maintain or keep a dog or cat more
than six (6) months of age on any premises within the corporate limits of
the city unless such dog or cat wears a collar or harness securely attached
to its body to which shall be securely attached a tag issued for said dog or
cat by a licensed veterinarian, licensed to practice veterinary medicine in
the state, showing that the dog or cat has been within the current calendar
year vaccinated against rabies, and also securely attached to said collar
or harness a license tag showing said dog or cat has been licensed by the
city animal control officer for the current year. The provisions of this
section shall not apply to dogs or cats six (6) months or less of age. (1999
Code, sec. 2.207)
Sec. 2.03.012 Determination that dog or cat is vicious or dangerous to
public
If any dog or cat within the city shall bite, scratch or otherwise attack
any person and the person so attacked was not at the time trespassing upon
the property of the owner or person having control of such dog or cat, or if
it cannot be proved beyond a reasonable doubt that the person so attacked
was provoking or teasing such dog or cat, the municipal court of the city
shall have the authority to order and hold a hearing. If such court shall
determine at such hearing that such dog or cat is vicious or dangerous to
persons or other animals, the court may order that such dog or cat be kept
muzzled, or that such dog or cat be kept within a sufficient enclosure, or
that such dog or cat be delivered to the city animal control officer and by
him destroyed. (1999 Code, sec. 2.221)
Sec. 2.03.013 Dog parks
(a) Designation. The city council may from time to time designate
certain areas on city property to be known as 揹og parkswhere dog owners
or those in charge of a dog or dogs may bring their dogs to run at large.
(b) Entrance gate. The dog park may be accessed only through its
designated entrance gate.
(c) License and vaccination required. Dogs entering a dog park must wear
current registration and rabies vaccination tags at all times.
(d) Rules. Dog park rules are to be posted at the dog park and shall
include the following:
(1) Dog owners or persons in possession of dogs must have a leash in
their possession at all times.
(2) Owners or persons in possession of dogs must clean up and properly
dispose of any waste left by their dog.
(3) No dog younger than 4 months shall be permitted in the dog park.
(4) Owners or persons in possession of dogs are limited to 3 dogs per
person per visit.
(5) Female dogs in season are prohibited.
(1999 Code, sec. 2.223)
(6) Any dog that exhibits, or appears to exhibit, aggressive behavior
shall be immediately leashed and removed from the park.
(7) Bicycles, scooters, riding toys, motorized toys or other items that
might interfere with the utilization of the park by other patrons and their
dogs are prohibited within the park.
(Ordinance 2662 adopted 9/29/14)
(e) Violation of rules. Any person violating any dog park rule shall be
guilty of a misdemeanor, if convicted, and shall be fined as provided for in
the general penalty provision found in section 1.01.009 of this code. (1999
Code, sec. 2.223)
Secs. 2.03.014.03.040 Reserved
Division 2. Impoundment*
Sec. 2.03.041 Impoundment facilities
(a) A pen called the 損oundshall be provided by the city for the
purpose of impounding any dog, male or female, found running at large or in
violation of this article within the city limits. A pen called a 揷attery
shall be provided by the city for the purpose of impounding any cat, male or
female, found running at large or in violation of this article within the
city limits. Either or both the pound or cattery may be referred to as the
損oundin this section.
(b) Provided, however, in lieu of the city抯 establishing a pound or
cattery, the city council shall have the authority to have the dogs and/or
cats kept by an individual with facilities meeting standards for keeping of
dogs and cats and to pay such individual a sum agreed on for keeping the
dogs and/or cats in the manner provided by this article.
(1999 Code, sec. 2.205)
Sec. 2.03.042 Animal control officer
The city shall hire or appoint a city employee or citizen to act as the
animal control officer to capture dogs and cats under the provisions of this
article, and shall further have the authority to appoint such deputy
officers as the city council shall deem necessary. (1999 Code, sec. 2.206)
Sec. 2.03.043 Impoundment of dogs running at large on public property
Except as provided in section 2.03.013, it shall be the duty of the animal
warden or any of his deputies or any city police officer while on duty to
seize and impound, subject to the provisions of this article, all dogs found
running at large upon any public highway, street, alley, court, square,
park, sidewalk or any other public property within the corporate limits of
the city, whether in the immediate presence of the owner or custodian or
otherwise. (1999 Code, sec. 2.208)
Sec. 2.03.044 Impoundment of dogs and cats running at large on private
property
It shall be the duty of the city animal control officer or any of his
deputies or any city police officer, while on duty, to seize and impound,
subject to the provisions of this article, all dogs and cats found running
at large upon any lot, tract or parcel of land within the corporate limits
of the city, whether in the immediate presence of the owner or custodian or
otherwise, and such city animal control officer, deputy or city police
officer is hereby authorized to enter upon any lot, tract or parcel of land
for the purpose of seizing and impounding any dog running at large thereon.
(1999 Code, sec. 2.209)
Sec. 2.03.045 Taking up of animal by private person; delivery to
animal control officer
(a) Right to take up animal. Any person may take up and deliver to the
city animal control officer any dog or cat running at large that the city
animal control officer is, by the provisions of this article, required to
impound. (1999 Code, sec. 2.210)
(b) Delivery to animal control officer.
(1) At-large dogs or cats on private property. Any dog or cat found
trespassing or running at large on any private property within the city may
be taken up by any person and delivered to the city animal control officer
or his deputies.
(2) Persons to notify city animal control officer. Every person other
than a police officer or the city animal control officer or his deputies
that takes up any dog or cat under the provisions of this article shall
immediately thereafter give notice thereof to the city animal control
officer, and every such person, or any person in whose custody such animal
may in the meantime be placed, shall deliver such dog or cat to the city
animal control officer without fee or charge, and the city animal control
officer shall thereupon hold and dispose of such animal as though such
animal had been found running at large and impounded by him.
(Ordinance 2623, sec. I (2.211), adopted 3/10/14)
Sec. 2.03.046 Registry of impounded animals
The city animal control officer or his deputies, upon receiving any dog or
cat, shall make a complete registry, entering the breed, color and sex of
such dog or cat and whether licensed and the place and time of taking into
custody. If licensed, he shall enter the name and address of the owner and
the number of the license tag. Licensed dogs and cats shall be separated
from unlicensed dogs and cats. (1999 Code, sec. 2.212)
Sec. 2.03.047 Redemption of licensed animals
The owner of any licensed dog or cat impounded may redeem such dog or cat
any time prior to sale or destruction by the payment of the impounding fee
as provided for in the fee schedule found in appendix A of this code. (1999
Code, sec. 2.213)
Sec. 2.03.048 Redemption of unlicensed animals
The owner of any unlicensed dog or cat impounded may redeem such dog or cat
at any time prior to sale, destruction or transfer to a rescue organization
by having such dog or cat duly licensed and vaccinated against rabies, and
paying the impounding fee as provided for in the fee schedule found in
appendix A of this code.
Sec. 2.03.049 Holding period for licensed animals
It shall be the duty of the city animal control officer to keep all licensed
dogs and cats for a period of six (6) days from the date of the impounding.
If at the expiration of six (6) days such dog or cat has not been redeemed
by the owner, it may be sold, destroyed or donated to a rescue organization.
Sec. 2.03.050 Holding period for unlicensed animals
It shall be the duty of the city animal control officer to keep all
unlicensed dogs and cats for a period of three (3) days. If at the
expiration of three (3) days from the date of impounding such dog or cat has
not been redeemed, it may be sold, destroyed or donated to a rescue
organization as herein provided.
Sec. 2.03.051 Transfer of unclaimed animals
At any time after the expiration of the period of time for redemption for
impounded dogs and cats shall have expired, the city animal control office
may, without further notice and without advertising in any manner, sell at a
private sale or public auction, for cash, any dog or cat not redeemed or
reclaimed or donate the dog or cat to a rescue organization. All dogs and
cats impounded and not redeemed, reclaimed, donated or sold after the period
of time for redemption has expired shall forthwith be destroyed by the city
animal control officer.
(Ordinance 2740, sec. 1, adopted 3/14/16)
Sec. 2.03.052 Reserved
Editor抯 note朤his section, as it pertained to the redemption of animal from
purchaser, was deleted by Ordinance 2740, sec. 1, adopted 3/14/16. Prior to
its deletion, this section derived from section 2.218 of the 1999 Code.
Sec. 2.03.053 Disposition records
The city animal control officer shall keep necessary records as are required
to show in detail the disposition of all animals impounded and the money
collected by him and such other records as are required by the city auditor.
All money collected shall be delivered as required by the city auditor or
secretary, who will deposit same in the general fund. (1999 Code, sec. 2.219)
Sec. 2.03.054 Reports
The city animal control officer shall file such reports under oath as are
required by the city secretary or city council. (1999 Code, sec. 2.220)
Secs. 2.03.055.03.080 Reserved
Division 3. Dangerous Dogs*
Sec. 2.03.081 Definition; determination that dog is dangerous
(a) As used herein, 揹angerous dogmeans a dog that:
(1) Makes an unprovoked attack on a person that causes bodily injury and
occurs in a place other than an enclosure in which the dog was being kept
and that was reasonably certain to prevent the dog from leaving the
enclosure on its own; or
(2) Commits unprovoked acts in a place other than an enclosure in which
the dog was being kept and that was reasonably certain to prevent the dog
from leaving the enclosure on its own and those acts cause a person to
reasonably believe that the dog will attack and cause bodily injury to that
person.
(b) The animal control officer may receive a complaint from any police
officer, humane officer, animal control officer, or citizen concerning an
animal which he/she has reason to believe has a dangerous disposition. The
animal must make an unprovoked attack causing bodily injury on a person, and
such attack or threat of attack must occur in a place other than the
enclosed area where the dog is kept, or threaten a person in a place other
than where the dog is kept. The threat must suggest real danger of being
bitten. The animal control officer shall investigate the incident. In the
event the animal is found to be a 揹angerous dogas defined in this
division, the animal control officer shall notify the owner or keeper of
said animal by certified letter that his or her dog has been deemed 揹
angerousand that the dog owner shall have thirty (30) days to appeal the
decision through the municipal court judge. The animal control officer shall
decide the location of where the animal shall be held during the thirty
days.
(1999 Code, sec. 2.301)
Sec. 2.03.082 Requirements for owner
Not later than the 30th day after a person learns that the person is the
owner of a dangerous dog, the person shall:
(1) Register the dangerous dog with the animal control officer;
(2) Restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure; and
(3) Obtain liability insurance coverage or show financial responsibility
in an amount of at least $100,000.00 to cover damages resulting from an
attack by the dangerous dog causing bodily injury to a person.
(1999 Code, sec. 2.302)
Sec. 2.03.083 Registration
(a) The animal control officer shall register a dangerous dog if the
owner:
(1) Presents proof of:
(A) Liability insurance or financial responsibility, as required by
section 2.03.082 of this division;
(B) Current city license and current rabies vaccination of the dangerous
dog; and
(C) The secure enclosure in which a dangerous dog will be kept; and
(2) Pays an annual registration fee as provided for in the fee schedule
found in appendix A of this code.
(b) The animal control officer shall provide to the owner of the
dangerous dog a registration collar (bright orange with 揹angerous dog
printed on the material) and two signs warning the public of the dangerous
dog. The owner must keep this collar on the dangerous dog at all times, and
place the signs in a conspicuous place on the enclosure where the dangerous
dog is kept.
(c) If an owner of the dangerous dog sells or moves the dog to a new
address, the owner, not later than the 14th day after the date of the sale
or move, shall notify the animal control officer for the area in which the
new address is located. On presentation by the current owner of the dog抯
prior registration tag or collar, payment of a fee as provided for in the
fee schedule found in appendix A of this code, and proof of insurance or
financial responsibility, the animal control authority shall issue a new
registration collar to be placed on the dangerous dog and two new signs to
be placed on the enclosure where the dangerous dog is kept.
(d) Every owner of a registered dangerous dog shall notify the animal
control officer of any attacks the dangerous dog makes on people.
(1999 Code, sec. 2.303)
Sec. 2.03.084 Attack by dangerous dog
(a) A person commits an offense if the person is the owner of a
dangerous dog and the dog makes an unprovoked attack on another person
outside the dog抯 enclosure and causes bodily injury to the person.
(b) An offense under this section is a class C misdemeanor, unless the
attack causes serious bodily injury or death, in which event the offense is
a class A misdemeanor, and the person may be subject to other criminal
prosecution under the laws of the state in a court of competent jurisdiction.
(c) If a person is found guilty of an offense under this section, the
court may order the dangerous dog destroyed by the animal control officer.
(d) In addition to criminal prosecution, a person who commits an offense
under this section is liable for a civil penalty as provided for in the
general penalty provision found in section 1.01.009 of this code. The city
attorney may file suit in a court of competent jurisdiction to collect the
penalty. Penalties collected under this section shall be retained by the
city.
(1999 Code, sec. 2.304)
Sec. 2.03.085 Violations
(a) A person who keeps custody or control of a dangerous dog commits an
offense if the person fails to comply with section 2.03.082 of this division.
(b) An offense under this section is a class C misdemeanor.
(1999 Code, sec. 2.305)
Sec. 2.03.086 Defenses
It is a defense to prosecution under section 2.03.084 or section 2.03.085 of
this division if:
(1) The person is a veterinarian, a peace officer, a person employed by
a recognized animal shelter, or a person employed by the state or a
political subdivision of the state to deal with stray animals and has
temporary ownership, custody, or control of the dog in connection with that
position;
(2) The person is an employee of the institutional division of the state
department of criminal justice or a law enforcement agency and trains or
uses dogs for law enforcement or corrections purposes; or
(3) The person is a dog trainer or an employee of a guard dog company
under the Private Security Act, V.T.C.A., Occupations Code, chapter 1702.
(1999 Code, sec. 2.306)
【在 C*******w 的大作中提到】
: 准备在Katy安家落户，天天的看房看房看房，为的是赶紧买房买房买房。
: 一个特别重要的问题： 相知道HOA是否允许孩子在后院养几只鸡或者鸭玩吗 。
: 想当我的agent, 赶紧交来标准答案
| C*******w
发帖数: 643 | 5 准备在Katy安家落户，天天的看房看房看房，为的是赶紧买房买房买房。
一个特别重要的问题： 相知道HOA是否允许孩子在后院养几只鸡或者鸭玩吗 。
想当我的agent, 赶紧交来标准答案 | C*******w
发帖数: 643 | 6 我KAO, 这么高大上的问题竟然没人看，没人回。 | T*U
发帖数: 22634 | 7 不叫就没问题，公鸡肯定不行
【在 C*******w 的大作中提到】
: 准备在Katy安家落户，天天的看房看房看房，为的是赶紧买房买房买房。
: 一个特别重要的问题： 相知道HOA是否允许孩子在后院养几只鸡或者鸭玩吗 。
: 想当我的agent, 赶紧交来标准答案
| e*i
发帖数: 10288 | 8 General answer : NO.
Unless your lot is 1 acre or more.
I did some research for my daughter last year. :P
ARTICLE 2.01 GENERAL PROVISIONS*
Sec. 2.01.001 Dangerous wild animals
Dangerous wild animals, as defined in V.T.C.A., Health and Safety Code,
section 822.101, shall be regulated in accordance with the provisions of V.T
.C.A, Health and Safety Code, chapter 822, subchapter E, section 822.101 et
seq. (Ordinance adopting Code)
ARTICLE 2.02 LIVESTOCK AND FOWL*
Division 1. Generally
Sec. 2.02.001 Definition
Within the meaning of this article, livestock and fowl include but are not
limited to cattle, horses, sheep, rabbits, chickens, ducks, guinea fowl,
geese and exotic animals. Not included within the definition hereof are dogs
, cats, caged songbirds, and other small domestic animals commonly kept as
household pets and not raised for food or commercial purposes. No swine
shall be permitted unless exempt under section 2.02.012 or 2.02.013. (1999
Code, sec. 2.110)
Sec. 2.02.002 Enforcement; penalties
Any person, firm, or corporation violating the provisions of this article
shall be guilty of a class C misdemeanor and for each day of violation fined
as provided for in the general penalty provision found in section 1.01.009
of this code, or the city may bring a civil action for the enforcement of
this article as provided by the Local Government Code, chapter 54,
subchapter B, and seek a civil penalty not to exceed one thousand dollars ($
1,000.00) per day. (Ordinance 2623, sec. I (2.111), adopted 3/10/14)
Sec. 2.02.003 Keeping generally
(a) No person or other entity shall raise, keep, breed or maintain any
livestock and/or fowl within the city without first having complied with
this article.
(1) Minimum tract size required. No person or other entity shall raise,
keep, breed or maintain any livestock and/or fowl within the city on a tract
of land smaller than one (1) acre.
(2) Restricted to personal noncommercial use. No person or other entity
shall raise, keep, breed or maintain any livestock and/or fowl on a tract of
land within the city except for personal noncommercial use.
(3) Number of livestock or fowl and containment. The number of livestock
or fowl that will be permitted on each one (1) acre tract are: two horses,
or two cows, or two goats or two sheep, or 25 rabbits, or 25 chickens or
other fowl. All rabbits, chickens and other fowl shall be maintained in
closed pens and shall not be allowed to wander about the premises. Horses,
cows or sheep shall be contained within a fenced area. Such fence shall be
of sufficient strength and design to hold such animals.
(4) Swine not allowed. No person or other entity shall raise, keep,
breed or maintain swine within the city unless they qualify for an exemption
as hereinafter provided.
(5) Agricultural tax exempt land. The regulations contained in this
article do not apply to land that qualifies as agricultural land under the
provisions of Texas Tax Code, section 23 subchapter C or D.
(b) A property that is in compliance with the requirements of this
article does not become out of compliance because of the subsequent location
or relocation of a residence or commercial business establishment on
adjacent property or the change in use of adjacent property.
(Ordinance 2623, sec. I (2.101), adopted 3/10/14)
Sec. 2.02.004 Distance of stables, pens, etc., from residence or
business establishment
No stable, barn, pen, or other area or shelter where livestock or fowl are
kept shall be closer than one hundred feet (100') to any residence or
commercial business establishment unless such residence or commercial
business establishment is located on the real estate where such stable, barn
, [or] pen, is located or the area where livestock or fowl are kept.
Landowners wishing to maintain livestock or fowl within one hundred feet (
100') of a residence or commercial business establishment that is not owned
by the livestock owner may do so upon presentation of a waiver signed by all
landowners within 100 feet of the pen, barn, stable or other area where
such livestock or fowl will be maintained and such other information
necessary to obtain a permit. (Ordinance 2623, sec. I (2.105), adopted 3/10
/14)
Sec. 2.02.005 Sanitation
All stables, barns, pens, or other areas where livestock or fowl are kept
shall be maintained in a clean and sanitary condition so as to prevent
obnoxious odors, the attraction and breeding of flies and/or rodents or the
creation of any health hazard or accumulation of fecal matter or decaying
organic matter. Fecal matter or decaying organic matter shall be prevented
from being carried into road ditches, adjoining property and public streets
by rainwater runoff. Any stable, barn, pen or other area or shelter where
livestock or fowl are kept must have attached a permanent water supply. (
1999 Code, sec. 2.106)
Sec. 2.02.006 Noise
The landowner and/or owner of the livestock and/or fowl shall maintain all
livestock and fowl so that animal sounds and noises shall not disturb
residents on adjoining or nearby tracts of land. The landowner and/or owner
of the livestock and/or fowl shall maintain any animal or fowl with a
natural propensity for nocturnal noises within a closed barn or building
between the hours of 6 o抍lock p.m. and 6 o抍lock a.m. (1999 Code, sec. 2.
107)
Sec. 2.02.007 Complaints; correction of violations
Complaints regarding the keeping of livestock and/or fowl will be referred
to and investigated by the appropriate officer or department, i.e., humane
officer, health department, police department, public works department. If
such conditions as health and sanitation, rainwater runoff or noise
violations or nuisance violations, as hereafter set out, are found, the
officer or department head inspecting the premises shall serve written
notice of nuisance, itemizing those matters found in violation of this code,
on the landowner and owner of the livestock and/or fowl if not the same as
the owner, and shall post notice at the site. Thereafter, the landowner and/
or owner of the livestock and/or fowl shall have ten (10) days to correct
the violation and remove the nuisance. If not corrected, the owner shall be
subject to any fine levied hereunder in addition to revocation of the animal
permit. (1999 Code, sec. 2.108)
Sec. 2.02.008 Nuisances
(a) Any stable, barn, pen or other area where livestock or fowl are kept
which produces any obnoxious odor, or where flies or rodents may be found
or may be breeding, or where unreasonable accumulations of fecal material or
decaying organic matter are found, or which may be a health hazard or
injurious to the welfare of the citizens of the city, is declared a public
nuisance.
(b) Any livestock or fowl which creates unreasonable noise or other
activity which disturbs the repose or comfort or peace and quiet of
adjoining or nearby residents are declared a public nuisance.
(c) The flow of rainwater carrying fecal matter or decaying organic
matter from any property into a road ditch, onto any public road or onto any
adjoining property is declared a public nuisance.
(d) Livestock or fowl found outside their designated pen, stable or barn
and roaming on adjoining property or any public property on more than one
occurrence are declared a public nuisance.
(1999 Code, sec. 2.109)
Sec. 2.02.009 Running at large prohibited
It shall be unlawful for any person owning, having control over or having
custody of any livestock or fowl to allow such livestock or fowl to run at
large outside their designated pen, barn or stable or to be at large on any
public property, roadway, alley, square, park, sidewalk or any other
property. (1999 Code, sec. 2.112)
Sec. 2.02.010 Impoundment of animals running at large
It shall be the duty of the animal control officer or deputy to impound all
livestock and fowl found running at large on any public property, roadway,
alley, square, park, sidewalk or any other property not belonging to the
person owning the animals or who may otherwise be in control of the animals
or fowl. (1999 Code, sec. 2.113)
State law reference朓mpoundment of estrays, V.T.C.A., Agriculture Code, sec.
142.009.
Sec. 2.02.011 Redemption of impounded animals
The owner or person in control of impounded livestock or fowl may redeem the
livestock or fowl by the payment of an impoundment fee in the amount
established in appendix A to this code per head of livestock or fowl plus a
per day impoundment fee for each head of livestock and fowl redeemed in the
amount established in appendix A to this code. Livestock and fowl not
redeemed after seven (7) days shall be deemed abandoned. Abandoned livestock
or fowl may be sold at public auction after publishing notice of sale at
least twice in the local newspaper. Such notice shall contain a description
of the livestock or fowl being auctioned. If after publishing notice the
owner seeks to redeem the livestock or fowl, the owner, in addition to
paying the impoundment fee and per diem fee, must also reimburse the city
for the cost of publishing notice. (1999 Code, sec. 2.114; Ordinance
adopting Code)
Sec. 2.02.012 Future Farmers of America and 4-H projects
Members of a chapter of the Future Farmers of America (FFA) or the 4-H
located within the city limits wishing to maintain livestock or fowl under
the direction of the FFA or 4-H on a tract smaller than one (1) acre may do
so upon presentation of a waiver signed by all landowners within 100 feet of
the pen, barn, stable or other area where such livestock or fowl will be
maintained and such other information necessary to obtain a permit. The fee
requirements of section 2.02.041(b) are waived for such project. The permit
shall be renewable annually. Livestock or fowl maintained under this
provision shall be maintained at the residence of the member. For the
purposes of this article the prohibition against swine is waived. (Ordinance
2623, sec. I (2.115), adopted 3/10/14)
Sec. 2.02.013 School district activities
The provisions of this article do not apply to any agricultural related
activity sponsored by and located on property owned by a public school
district. (Ordinance 2623, sec. I (2.116), adopted 3/10/14)
Secs. 2.02.014.02.040 Reserved
Division 2. Permit
Sec. 2.02.041 Required; application; renewal
(a) Any person or other entity raising, keeping, and maintaining
livestock and/or fowl on a tract of land larger than one (1) acre shall
obtain an annual permit from the city (animal permit), except that no permit
is required for single tracts of land larger than five (5) acres.
(b) After the original permit is issued, renewal permits must be
obtained on or before the expiration date of the permit by completing a new
application and paying a renewal fee as provided in the fee schedule found
in the appendix of this code.
(c) Applications for animal permits shall be obtained from the city
secretary抯 office.
(d) Applications for animal permits and renewals shall contain the
following: name, address, telephone number of the persons, firm, or
corporation raising, keeping, and maintaining livestock and/or fowl; mailing
and street address of the owner of the property on which the livestock or
fowl are to be kept; description of the property on which the livestock or
fowl are to be kept; description and number of animals or fowl which will be
kept; drawing showing location of premises where any stable, barn, pen, or
other area where livestock or fowl are to be located and showing the
location of and distance to neighboring residences or commercial buildings.
With each application, applicants shall a pay nonrefundable fee as provided
in the fee schedule found in the appendix of this code.
(Ordinance 2623, sec. I (2.102), adopted 3/10/14)
Sec. 2.02.042 Revocation
Permits issued under this article are revocable by the city council. Permits
may be revoked on the grounds of violation of this article, noise, or other
circumstance the city council determines creates a nuisance, and changed
conditions. The city council shall serve notice of its intention to revoke
ten (10) days prior to the meeting at which such revocation will be
considered. Any person holding a permit having received such revocation
notice shall be allowed to appear and be heard by the city council. The
revocation provided herein shall be a remedy in addition to the criminal
penalties provided herein for violation of this article. (1999 Code, sec. 2.
103)
Sec. 2.02.043 Inspection of site
Prior to issuance of a permit, original or renewal, the animal control
officer or designee shall make an inspection of the site. If such site is
denied approval, the animal control officer shall file a written report
identifying the basis for denial with the city administrator with a copy
furnished to the applicant. (Ordinance 2623, sec. I (2.104), adopted 3/10/14)
Sec. 2.02.044 Existing permits
Any unexpired permit issued under any prior ordinance for the maintaining of
animals or fowl shall remain in full force and effect under the ordinances
in existence at the time of the issuance of such permit. No permit issued
under a prior ordinance shall be renewed unless it complies with the
provisions of this article. All ordinances in conflict with this article are
hereby revoked as of the effective date of this article. (1999 Code, sec. 2
.117)
ARTICLE 2.03 DOGS AND CATS*
Division 1. Generally
Sec. 2.03.001 Definitions
For purposes of this article:
At large.
(1) Not under the control of the owner either by a leash, chain, cord,
or other suitable material attached to a collar or harness; or
(2) Not restrained securely within an enclosure or fence.
Dog and cat. Shall mean both the male and female.
Dog kennel or cattery. Any lot, enclosure, or premises, or structure or
building, except a veterinary hospital, whereon or wherein four (4) or more
dogs or cats over the age of six (6) months are kept or maintained for any
purposes whatsoever. Kennel or cattery may be individually or collectively
referred to in this article as 損ound.br />
Owner. Any person, firm, or corporation owning or keeping or harboring or
having control of, or custody of, a dog or cat.
(1999 Code, sec. 2.201)
Sec. 2.03.002 Keeping unlicensed or unvaccinated dog or cat
Any owner who shall maintain or keep a dog or cat more than six (6) months
of age on any premises within the corporate limits of the city which has not
been licensed and vaccinated as required by this article shall be guilty of
a misdemeanor and shall be fined as provided for in the general penalty
provision found in section 1.01.009 of this code. (1999 Code, sec. 2.222(a))
Sec. 2.03.003 Refusal to deliver unlicensed or unvaccinated animal for
impoundment
Any person who shall refuse to deliver any unlicensed or unvaccinated dog or
cat to the city animal control officer or any of his deputies or any city
police officer upon demand for impounding shall be guilty of a misdemeanor
and shall be fined as mentioned in section 2.03.002. (1999 Code, sec. 2.222(
b)(1))
Sec. 2.03.004 Confinement of animal biting person or suspected of
having rabies
(a) Any dog or cat or animal that has rabies or symptoms thereof, and
suspected of having rabies, or that has been exposed to rabies, shall at
once be released by its owner/possessor for disposal or confinement in a
veterinary hospital approved by the city council or to the city animal
control officer.
(b) Every dog and cat that has rabies or symptoms thereof, or any dog or
cat that bites, scratches, or otherwise attacks any person not the owner or
possessor of same, may be immediately impounded and be held at the owner抯
expense in any veterinary hospital approved by the city council or by the
city animal control officer. All such costs as herein incurred shall be the
obligation of the animal抯 owner/possessor and shall be paid in full before
the animal is released. If such amount is not paid following notice to the
owner/possessor, the dog or cat shall be delivered to the pound and disposed
of in accordance with other provisions of this article.
(c) Any owner or possessor of a dog or cat who refuses to deliver a dog
or cat having rabies or symptoms thereof, or which has bitten, scratched, or
otherwise attacked any person not the owner or possessor of same, to the
city animal control officer or person authorized to act under this article
shall be guilty of a misdemeanor and shall be fined any sum as provided for
in the general penalty provision found in section 1.01.009 of this code.
(1999 Code, sec. 2.222(b)(2)4))
State law reference朡uarantine of animals, V.T.C.A., Health and Safety Code,
sec. 826.042.
Sec. 2.03.005 Allowing dog to run at large
Any owner, keeper or custodian of a dog who shall allow such dog to run at
large, as such term is herein defined, whether on public or private property
, except as provided in section 2.03.013, shall be guilty of a misdemeanor,
if convicted, as mentioned in section 2.03.002. (1999 Code, sec. 2.222(c))
Sec. 2.03.006 Obstructing enforcement
The city animal control officer, his deputies and city police officers on
duty shall have the right at any reasonable time to inspect any dog or cat
to determine if said dog or cat is licensed and vaccinated as required by
this article and shall have the authority to enter any premises for such
purpose. It shall be unlawful for any person to refuse entrance to such city
animal control officer, his deputies or city police officers on duty or to
impede, obstruct or exclude such city animal control officer, his deputies
or city police officers on duty when attempting to enter such premises for
the purpose of inspecting such dog or cat, and any person who shall refuse
entrance or impede or obstruct such city animal control officer, his
deputies or city police officers on duty shall be guilty of a misdemeanor
and shall be fined as mentioned above. (1999 Code, sec. 2.222(d))
Sec. 2.03.007 Limitation on number of animals
No more than three (3) dogs and/or cats over the age of six (6) months shall
be kept on their owner抯 premises within the city limits, nor shall any
person keep, house, feed, breed, or maintain more than three (3) dogs or
cats over the age of six (6) months at any time within the city. (1999 Code,
art. 2.400)
Sec. 2.03.008 Dogs running at large on public property
Except as provided in section 2.03.013, it shall be unlawful for any person
owning or having control over or having custody of any dog to permit or
allow such dog to run or be at large upon any public highway, street, alley,
court, square, park, sidewalk or any other public property within the
corporate limits of the city. (1999 Code, sec. 2.202)
Sec. 2.03.009 Dogs or cats running at large on private property
It shall be unlawful for any person owning or having control over or having
custody of any dog or cat to permit or allow such dog or cat to run or be at
large upon any lot, tract or parcel of land within the corporate limits of
the city, except on fenced property belonging to the dog or cat owner. (1999
Code, sec. 2.203)
Sec. 2.03.010 Licensing and vaccination required
(a) Annual license fee. There is hereby levied upon each and every dog
or cat more than four (4) months of age that is kept, harbored or maintained
by the owner thereof in the corporate limits of the city an annual license
fee as provided for in the fee schedule found in the appendix of this code.
(b) License issued by city animal control officer. Dog and cat licenses
shall be issued by the city animal control officer upon payment of the
license fee and application made upon printed forms provided for such
purpose, which application shall state the name and address of the owner or
keeper of such dog or cat and the name, breed, color and sex of the dog or
cat being licensed.
(c) License certificate and tag. Upon payment of the license fee, the
city animal control officer shall issue to the owner a license certificate
and a metallic tag for each dog and cat so licensed. The tag shall have
stamped thereon the year for which it was issued and the number
corresponding with the number on the certificate.
(d) Proof of vaccination required. The city animal control officer shall
not issue any license or license tag for any dog or cat until the owner or
person in charge of such dog or cat shall have obtained and presented to
such animal control officer a current certificate from a veterinarian,
licensed to practice veterinary medicine in the state, verifying that such
dog or cat has been vaccinated for rabies.
(e) License tag not transferable. Dog license tags shall not be
transferable from one dog or cat to another and it shall be unlawful for the
owner or person having control over or custody of any dog or cat to
transfer such license tag from the dog or cat for which such tag was issued
to any other dog or cat.
(f) License fees not refundable. No refunds shall be made for any dog or
cat license fee because of death of the dog or cat or the owner抯 leaving
the city before the expiration of the license period.
(Ordinance 2623, sec. I (2.204), adopted 3/10/14)
State law references朢egistration of dogs and cats, V.T.C.A., Health and
Safety Code, sec. 826.031 et seq.; rabies vaccinations, V.T.C.A., Health and
Safety Code, sec. 826.021 et seq.
Sec. 2.03.011 Wearing of collar and tags
It shall be unlawful for any person to maintain or keep a dog or cat more
than six (6) months of age on any premises within the corporate limits of
the city unless such dog or cat wears a collar or harness securely attached
to its body to which shall be securely attached a tag issued for said dog or
cat by a licensed veterinarian, licensed to practice veterinary medicine in
the state, showing that the dog or cat has been within the current calendar
year vaccinated against rabies, and also securely attached to said collar
or harness a license tag showing said dog or cat has been licensed by the
city animal control officer for the current year. The provisions of this
section shall not apply to dogs or cats six (6) months or less of age. (1999
Code, sec. 2.207)
Sec. 2.03.012 Determination that dog or cat is vicious or dangerous to
public
If any dog or cat within the city shall bite, scratch or otherwise attack
any person and the person so attacked was not at the time trespassing upon
the property of the owner or person having control of such dog or cat, or if
it cannot be proved beyond a reasonable doubt that the person so attacked
was provoking or teasing such dog or cat, the municipal court of the city
shall have the authority to order and hold a hearing. If such court shall
determine at such hearing that such dog or cat is vicious or dangerous to
persons or other animals, the court may order that such dog or cat be kept
muzzled, or that such dog or cat be kept within a sufficient enclosure, or
that such dog or cat be delivered to the city animal control officer and by
him destroyed. (1999 Code, sec. 2.221)
Sec. 2.03.013 Dog parks
(a) Designation. The city council may from time to time designate
certain areas on city property to be known as 揹og parkswhere dog owners
or those in charge of a dog or dogs may bring their dogs to run at large.
(b) Entrance gate. The dog park may be accessed only through its
designated entrance gate.
(c) License and vaccination required. Dogs entering a dog park must wear
current registration and rabies vaccination tags at all times.
(d) Rules. Dog park rules are to be posted at the dog park and shall
include the following:
(1) Dog owners or persons in possession of dogs must have a leash in
their possession at all times.
(2) Owners or persons in possession of dogs must clean up and properly
dispose of any waste left by their dog.
(3) No dog younger than 4 months shall be permitted in the dog park.
(4) Owners or persons in possession of dogs are limited to 3 dogs per
person per visit.
(5) Female dogs in season are prohibited.
(1999 Code, sec. 2.223)
(6) Any dog that exhibits, or appears to exhibit, aggressive behavior
shall be immediately leashed and removed from the park.
(7) Bicycles, scooters, riding toys, motorized toys or other items that
might interfere with the utilization of the park by other patrons and their
dogs are prohibited within the park.
(Ordinance 2662 adopted 9/29/14)
(e) Violation of rules. Any person violating any dog park rule shall be
guilty of a misdemeanor, if convicted, and shall be fined as provided for in
the general penalty provision found in section 1.01.009 of this code. (1999
Code, sec. 2.223)
Secs. 2.03.014.03.040 Reserved
Division 2. Impoundment*
Sec. 2.03.041 Impoundment facilities
(a) A pen called the 損oundshall be provided by the city for the
purpose of impounding any dog, male or female, found running at large or in
violation of this article within the city limits. A pen called a 揷attery
shall be provided by the city for the purpose of impounding any cat, male or
female, found running at large or in violation of this article within the
city limits. Either or both the pound or cattery may be referred to as the
損oundin this section.
(b) Provided, however, in lieu of the city抯 establishing a pound or
cattery, the city council shall have the authority to have the dogs and/or
cats kept by an individual with facilities meeting standards for keeping of
dogs and cats and to pay such individual a sum agreed on for keeping the
dogs and/or cats in the manner provided by this article.
(1999 Code, sec. 2.205)
Sec. 2.03.042 Animal control officer
The city shall hire or appoint a city employee or citizen to act as the
animal control officer to capture dogs and cats under the provisions of this
article, and shall further have the authority to appoint such deputy
officers as the city council shall deem necessary. (1999 Code, sec. 2.206)
Sec. 2.03.043 Impoundment of dogs running at large on public property
Except as provided in section 2.03.013, it shall be the duty of the animal
warden or any of his deputies or any city police officer while on duty to
seize and impound, subject to the provisions of this article, all dogs found
running at large upon any public highway, street, alley, court, square,
park, sidewalk or any other public property within the corporate limits of
the city, whether in the immediate presence of the owner or custodian or
otherwise. (1999 Code, sec. 2.208)
Sec. 2.03.044 Impoundment of dogs and cats running at large on private
property
It shall be the duty of the city animal control officer or any of his
deputies or any city police officer, while on duty, to seize and impound,
subject to the provisions of this article, all dogs and cats found running
at large upon any lot, tract or parcel of land within the corporate limits
of the city, whether in the immediate presence of the owner or custodian or
otherwise, and such city animal control officer, deputy or city police
officer is hereby authorized to enter upon any lot, tract or parcel of land
for the purpose of seizing and impounding any dog running at large thereon.
(1999 Code, sec. 2.209)
Sec. 2.03.045 Taking up of animal by private person; delivery to
animal control officer
(a) Right to take up animal. Any person may take up and deliver to the
city animal control officer any dog or cat running at large that the city
animal control officer is, by the provisions of this article, required to
impound. (1999 Code, sec. 2.210)
(b) Delivery to animal control officer.
(1) At-large dogs or cats on private property. Any dog or cat found
trespassing or running at large on any private property within the city may
be taken up by any person and delivered to the city animal control officer
or his deputies.
(2) Persons to notify city animal control officer. Every person other
than a police officer or the city animal control officer or his deputies
that takes up any dog or cat under the provisions of this article shall
immediately thereafter give notice thereof to the city animal control
officer, and every such person, or any person in whose custody such animal
may in the meantime be placed, shall deliver such dog or cat to the city
animal control officer without fee or charge, and the city animal control
officer shall thereupon hold and dispose of such animal as though such
animal had been found running at large and impounded by him.
(Ordinance 2623, sec. I (2.211), adopted 3/10/14)
Sec. 2.03.046 Registry of impounded animals
The city animal control officer or his deputies, upon receiving any dog or
cat, shall make a complete registry, entering the breed, color and sex of
such dog or cat and whether licensed and the place and time of taking into
custody. If licensed, he shall enter the name and address of the owner and
the number of the license tag. Licensed dogs and cats shall be separated
from unlicensed dogs and cats. (1999 Code, sec. 2.212)
Sec. 2.03.047 Redemption of licensed animals
The owner of any licensed dog or cat impounded may redeem such dog or cat
any time prior to sale or destruction by the payment of the impounding fee
as provided for in the fee schedule found in appendix A of this code. (1999
Code, sec. 2.213)
Sec. 2.03.048 Redemption of unlicensed animals
The owner of any unlicensed dog or cat impounded may redeem such dog or cat
at any time prior to sale, destruction or transfer to a rescue organization
by having such dog or cat duly licensed and vaccinated against rabies, and
paying the impounding fee as provided for in the fee schedule found in
appendix A of this code.
Sec. 2.03.049 Holding period for licensed animals
It shall be the duty of the city animal control officer to keep all licensed
dogs and cats for a period of six (6) days from the date of the impounding.
If at the expiration of six (6) days such dog or cat has not been redeemed
by the owner, it may be sold, destroyed or donated to a rescue organization.
Sec. 2.03.050 Holding period for unlicensed animals
It shall be the duty of the city animal control officer to keep all
unlicensed dogs and cats for a period of three (3) days. If at the
expiration of three (3) days from the date of impounding such dog or cat has
not been redeemed, it may be sold, destroyed or donated to a rescue
organization as herein provided.
Sec. 2.03.051 Transfer of unclaimed animals
At any time after the expiration of the period of time for redemption for
impounded dogs and cats shall have expired, the city animal control office
may, without further notice and without advertising in any manner, sell at a
private sale or public auction, for cash, any dog or cat not redeemed or
reclaimed or donate the dog or cat to a rescue organization. All dogs and
cats impounded and not redeemed, reclaimed, donated or sold after the period
of time for redemption has expired shall forthwith be destroyed by the city
animal control officer.
(Ordinance 2740, sec. 1, adopted 3/14/16)
Sec. 2.03.052 Reserved
Editor抯 note朤his section, as it pertained to the redemption of animal from
purchaser, was deleted by Ordinance 2740, sec. 1, adopted 3/14/16. Prior to
its deletion, this section derived from section 2.218 of the 1999 Code.
Sec. 2.03.053 Disposition records
The city animal control officer shall keep necessary records as are required
to show in detail the disposition of all animals impounded and the money
collected by him and such other records as are required by the city auditor.
All money collected shall be delivered as required by the city auditor or
secretary, who will deposit same in the general fund. (1999 Code, sec. 2.219)
Sec. 2.03.054 Reports
The city animal control officer shall file such reports under oath as are
required by the city secretary or city council. (1999 Code, sec. 2.220)
Secs. 2.03.055.03.080 Reserved
Division 3. Dangerous Dogs*
Sec. 2.03.081 Definition; determination that dog is dangerous
(a) As used herein, 揹angerous dogmeans a dog that:
(1) Makes an unprovoked attack on a person that causes bodily injury and
occurs in a place other than an enclosure in which the dog was being kept
and that was reasonably certain to prevent the dog from leaving the
enclosure on its own; or
(2) Commits unprovoked acts in a place other than an enclosure in which
the dog was being kept and that was reasonably certain to prevent the dog
from leaving the enclosure on its own and those acts cause a person to
reasonably believe that the dog will attack and cause bodily injury to that
person.
(b) The animal control officer may receive a complaint from any police
officer, humane officer, animal control officer, or citizen concerning an
animal which he/she has reason to believe has a dangerous disposition. The
animal must make an unprovoked attack causing bodily injury on a person, and
such attack or threat of attack must occur in a place other than the
enclosed area where the dog is kept, or threaten a person in a place other
than where the dog is kept. The threat must suggest real danger of being
bitten. The animal control officer shall investigate the incident. In the
event the animal is found to be a 揹angerous dogas defined in this
division, the animal control officer shall notify the owner or keeper of
said animal by certified letter that his or her dog has been deemed 揹
angerousand that the dog owner shall have thirty (30) days to appeal the
decision through the municipal court judge. The animal control officer shall
decide the location of where the animal shall be held during the thirty
days.
(1999 Code, sec. 2.301)
Sec. 2.03.082 Requirements for owner
Not later than the 30th day after a person learns that the person is the
owner of a dangerous dog, the person shall:
(1) Register the dangerous dog with the animal control officer;
(2) Restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure; and
(3) Obtain liability insurance coverage or show financial responsibility
in an amount of at least $100,000.00 to cover damages resulting from an
attack by the dangerous dog causing bodily injury to a person.
(1999 Code, sec. 2.302)
Sec. 2.03.083 Registration
(a) The animal control officer shall register a dangerous dog if the
owner:
(1) Presents proof of:
(A) Liability insurance or financial responsibility, as required by
section 2.03.082 of this division;
(B) Current city license and current rabies vaccination of the dangerous
dog; and
(C) The secure enclosure in which a dangerous dog will be kept; and
(2) Pays an annual registration fee as provided for in the fee schedule
found in appendix A of this code.
(b) The animal control officer shall provide to the owner of the
dangerous dog a registration collar (bright orange with 揹angerous dog
printed on the material) and two signs warning the public of the dangerous
dog. The owner must keep this collar on the dangerous dog at all times, and
place the signs in a conspicuous place on the enclosure where the dangerous
dog is kept.
(c) If an owner of the dangerous dog sells or moves the dog to a new
address, the owner, not later than the 14th day after the date of the sale
or move, shall notify the animal control officer for the area in which the
new address is located. On presentation by the current owner of the dog抯
prior registration tag or collar, payment of a fee as provided for in the
fee schedule found in appendix A of this code, and proof of insurance or
financial responsibility, the animal control authority shall issue a new
registration collar to be placed on the dangerous dog and two new signs to
be placed on the enclosure where the dangerous dog is kept.
(d) Every owner of a registered dangerous dog shall notify the animal
control officer of any attacks the dangerous dog makes on people.
(1999 Code, sec. 2.303)
Sec. 2.03.084 Attack by dangerous dog
(a) A person commits an offense if the person is the owner of a
dangerous dog and the dog makes an unprovoked attack on another person
outside the dog抯 enclosure and causes bodily injury to the person.
(b) An offense under this section is a class C misdemeanor, unless the
attack causes serious bodily injury or death, in which event the offense is
a class A misdemeanor, and the person may be subject to other criminal
prosecution under the laws of the state in a court of competent jurisdiction.
(c) If a person is found guilty of an offense under this section, the
court may order the dangerous dog destroyed by the animal control officer.
(d) In addition to criminal prosecution, a person who commits an offense
under this section is liable for a civil penalty as provided for in the
general penalty provision found in section 1.01.009 of this code. The city
attorney may file suit in a court of competent jurisdiction to collect the
penalty. Penalties collected under this section shall be retained by the
city.
(1999 Code, sec. 2.304)
Sec. 2.03.085 Violations
(a) A person who keeps custody or control of a dangerous dog commits an
offense if the person fails to comply with section 2.03.082 of this division.
(b) An offense under this section is a class C misdemeanor.
(1999 Code, sec. 2.305)
Sec. 2.03.086 Defenses
It is a defense to prosecution under section 2.03.084 or section 2.03.085 of
this division if:
(1) The person is a veterinarian, a peace officer, a person employed by
a recognized animal shelter, or a person employed by the state or a
political subdivision of the state to deal with stray animals and has
temporary ownership, custody, or control of the dog in connection with that
position;
(2) The person is an employee of the institutional division of the state
department of criminal justice or a law enforcement agency and trains or
uses dogs for law enforcement or corrections purposes; or
(3) The person is a dog trainer or an employee of a guard dog company
under the Private Security Act, V.T.C.A., Occupations Code, chapter 1702.
(1999 Code, sec. 2.306)
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发帖数: 197 | 9 Nice, I was thinking rise chicken too. Now, seems impossible. | L*1
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