§ 6-18. Cruelty and/or neglect to animals.

(a)

[State law violation.] Animal cruelty is a state law violation punishable by fine and/or jail time in accordance with the Texas Penal Code.

(b)

[Restrictions in public places.] It shall be unlawful for any person to wound or kill any cattle, horses, sheep, swine or goats of any description, whether wild or domestic, in any public place within the city.

(c)

[Humane care and treatment.] It shall be unlawful for an owner of an animal to neglect an animal and fail to provide that animal with humane care and treatment including, but not limited to, access to an adequate supply of fresh air, species specific food, fresh water, exercise, adequate shelter and with appropriate veterinary care, promote a healthy animal and when needed to prevent suffering.

(d)

[Animal abuse.] It shall be unlawful for a person to intentionally, knowingly or recklessly beat, cruelly treat, overload or otherwise abuse any animal, including the person's own animal or any unowned animal anywhere in the city.

(e)

[Surgical alteration of animals.] It shall be unlawful for the owner of an animal, or a person charged with custody or care of an animal, to surgically alter an animal, including, but not limited to, ear cropping, tail docking, and dewclaw removal, except when done by a licensed veterinarian.

(f)

[ Care of large livestock, small animal, fowl. ] It shall be unlawful for any person to keep any large livestock, small animal or fowl without providing reasonably adequate food, water, or shelter thereto, so as to unreasonably endanger the health and safety of the large livestock, small animal or fowl, or of any person. Any officer of the animal care services department of the city, having reasonable grounds to believe that any large livestock, small animal or fowl is being kept in violation of this section may enter upon the premises and take possession of and impound the large livestock, small animal or fowl, subject to the provisions of sections 6-6, 6-7 and 6-8.

(g)

[Accident reports.] Any person who, as the operator of a motor vehicle, strikes a domestic animal, livestock, or any wild animal over five (5) pounds in weight, shall at once report the accident to the city customer services/311 department.

(h)

[ Authority to seize, impound. ] If a peace officer or an officer who has responsibility for animal control in a county or municipality has reason to believe that an animal has been or is being cruelly treated, the officer may apply to a justice court or magistrate in the county or to a municipal court in the municipality in which the animal is located for a warrant to seize the animal. On a showing of probable cause to believe that the animal has been or is being cruelly treated, the court or magistrate shall issue the warrant and set a time within ten (10) calendar days of the date of issuance for a hearing in the appropriate justice court or municipal court to determine whether the animal has been cruelly treated. The officer executing the warrant shall cause the animal to be impounded and shall give written notice to the owner of the animal of the time and place of the hearing.

(i)

Tethering (fastening animals with rope or chain; choker collar).

(1)

No animal shall be hitched, tied or fastened by any rope, chain or cord that is directly attached to the animal's neck. Animals that must be tied, hitched or fastened to restrain them must wear a properly fitted collar or harness made of leather or nylon, not of the choker type. This does not prohibit the proper use of choker collars in the training of animals. The tying device shall be attached to the animal's collar or harness and shall be at least ten (10) feet in length and must have a swivel device on the anchor and collar end to prevent tangling.

(2)

An animal that is tethered must have access to adequate shelter, food and water at all times.

(Ord. No. 86-24, § 1, 2-17-86; Ord. No. 93-62, § 1, 4-19-94; Ord. No. 2010-O-029, § 1, 3-15-10; Ord. No. 2012-O-097, § 1, 7-16-12; Ord. No. 2016-O-132 , § 2, 9-12-16)

Editor's note

Ord. No. 2012-O-097, § 1, adopted July 16, 2012, changed the title of § 6-18 from "Cruelty to animals" to "Cruelty and/or neglect to animals."