Sec. 5-1. - Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

Abandoned animal shall mean an animal abandoned while in the person's custody without making reasonable arrangements for assumption of custody by another person.

Animal shall mean any living vertebrate or invertebrate, domestic or wild, not including man.

Animal care services facility shall mean a facility operated by the city for the impoundment, care, disposition and/or adoption of animals.

Animal care officer shall mean a person designated by the state, or the city, who is qualified to perform such duties under the laws of this state and the ordinances of the city.

Animal determination hearing officer means the individual designated by the director to conduct administrative hearings to decide whether an animal is dangerous or aggressive provided that such person shall not have participated in any investigation of facts regarding the alleged dangerous or aggressive animal or be in the chain of command of any such person.

Animal permit hearing officer means the individual designated by the director to conduct administrative hearings to review the denial and revocation of permits authorized by this chapter provided that such person shall not have participated in any investigation of facts regarding the denial or revocation or be in the chain of command of any such person.

Animal licensing shall mean the assignment by the director of a number to each animal for whom the appropriate fee has been paid and who has been vaccinated with antirabies vaccine.

Animal nuisance shall mean a public nuisance created within the city in violation of article VII.

Cat colony means a colony of free-roaming (homeless, stray, wild or untamed) cats that has been registered with the department and is maintained by a colony caretaker (who provides food, water and shelter) using trap, neuter and return methodology.

Commercial boarding kennel shall mean any place other than a veterinary hospital where the property owner, tenant, or occupant keeps or allows others to keep or board any domestic animal for a fee, donation or non-monetary reward.

Competition animal shall mean a cat or dog that is of a breed recognized by and registered with an approved breed registry approved by the director and shows or competes in animal shows or other competition events sponsored by an approved breed registry.

Choker collar shall mean a length of chain or nylon cord or rope with rings at either end such that the collar can be formed into a loop around the animal's neck that slips (adjusts) tighter when pulled and slips looser when tension is released.

City shall mean the City of San Antonio, Texas.

Confined shall mean a situation by which an animal is effectively prevented from being free to roam or run at large at will.

Department shall mean the City of San Antonio's Animal Care Services Department.

Director shall mean the Director of the City of San Antonio's Animal Care Services Department.

Dog shall mean any member of Canis familiaris or any combination of Canis familiaris and other canine species including both genders.

Domestic dog shall mean a member of Canis familiaris which is not a hybrid of Canis familiaris and another canine species.

Domestic animal shall mean any animal which is not prohibited, and commonly kept as pets at the owner's residence, including but not limited to domestic cats and dogs, domestic ferrets, rabbits, and domestic fowl.

Domestic cat shall mean any member of Felis domesticus.

Domestic fowl shall mean birds of a breed developed or kept for the purpose of meat production, egg laying or purely for ornament or show, including but not limited to ducks, geese, chickens, turkeys, partridges, parakeets and pigeons.

Enclosure means for purposes of dangerous dogs, a house or a building, or in the case of a fence or a structure/pen, the fence or structure/pen must also have minimum dimensions of five (5) feet by ten (10) feet. The fence or structure/pen must form an enclosure suitable to prevent entry of young children and must be locked and secured such that an animal cannot climb, dig, jump or otherwise escape of its own volition. The enclosure shall be securely locked at all times. The structure/pen must have secure sides to prevent the dangerous animal from escaping from the enclosure. The structure/pen shall provide protection from the elements for the dangerous animal. Notwithstanding the fence height restrictions of section 6-2, the animal care officer shall have the right to require that the fence be higher than six (6) feet or require a secure top and/or bottom be added to the structure/pen if the need is demonstrated. These additional requirements shall be based upon the type of animal to be kept in this enclosure and its anticipated ability to escape.

Grooming shop shall mean a commercial establishment (structure or vehicle) where animals are bathed, clipped, plucked or otherwise groomed.

Impound shall mean the placing of an animal in the city's animal care services facility, or, the taking into custody of an animal for purposes of transportation to the city's animal care services facility.

Keeper means any person, firm, corporation, organization or department holding, caring for, having an interest in, or having control or custody of an animal. If the keeper of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances.

License tag shall mean a metal tag of the design prescribed by the director and bearing the city's animal license number.

Livestock shall mean any equine, hog, sheep, goat, llama, or any bovine species.

Nondomestic animal shall mean and includes all animals other than domestic cats and dogs, domestic ferrets, livestock, rabbits and domestic fowl.

Owner of an animal shall mean any person owning or having care, custody, possession or control of an animal. Persons caring for an animal at the specific request of an owner are not included in the definition of owner, but are required to keep the animal in compliance with this Code.

Performing animal exhibition shall mean any spectacle, display, act or event, other than circuses and rodeos, in which performing animals are used.

Pet shall mean any animal kept for pleasure or enjoyment, rather than utility or commercial purposes.

Pet shop shall mean a business establishment, whether licensed or not by the department, where animals including, dogs, cats, fish, birds, reptiles, or rodents are kept for sale or commercial barter.

Puppy shall mean any member of Canis familiaris and other canine species including both genders four (4) months of age or under.

Quarantine shall mean the detention or isolation of an animal suspected of carrying an infectious or contagious disease.

Prohibited animals shall mean:

(1)

Any ape or other non-human primate;

(2)

Any member of the genus Canis including wolf, hybrid wolf, coyote, jackal or fox, and similar species except Canis familiaris;

(3)

Any member of the genus Felis including leopard, lion, panther, tiger, lynx, bobcat, cheetah, ocelot, margay, jaguarundi, and any similar species except Felis domesticus;

(4)

Mustelids; other than the domestic ferret (Mustela putorius furo);

(5)

Skunk;

(6)

Any poisonous reptile or venomous species except bees;

(7)

Crocodile, alligator, caiman or related species;

(8)

Miniature Vietnamese pot-bellied pig;

(9)

Ostrich or any other Ratites;

(10)

Bear; and

(11)

All other mammals that live in a natural state of undomesticated freedom including the opossum, raccoon, armadillo and squirrel.

Rabies vaccination shall mean a protective inoculation by a licensed veterinarian with a rabies vaccine recognized and approved by the United States Department of Agriculture given in an amount sufficient to provide an immunity that satisfies the requirement of state law.

Restraint shall mean a situation whereby an animal is secured by a tether, a leash or a lead, or is confined within the real property of its owner.

Responsible person shall mean a person to whose commands an animal in question is obedient, and who is capable of controlling the animal if the animal should fail to obey such commands.

Run at large shall mean to be free of restraint while outside the boundaries of the real property of the owner.

Severe injury means any physical injury that results in death, broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

Shelter shall mean a structure with a roof and three (3) sides and a fourth side allowing access that is protected from the elements and a floor that is elevated enough to keep the shelter dry.

Stray animal shall mean any animal not under restraint.

Temporary owner shall mean an individual who finds a stray animal, has the animal for fewer than thirty (30) days and attempts to find the true owner of the animal. When the owner cannot be found, a temporary owner then will find a new home for the animal.

Trap, neuter and return (TNR) program shall mean a nonlethal, humane alternative to deal with the stray cats which are captured, altered and returned back to their location in order to encourage the stabilization of the free-roaming cat population in the city.

Trapped animal shall mean an animal caught or taken in, as if in a trap or snare by skill, craft or trickery.

Unprovoked animal attack means an attack by an animal that was not hit, kicked or struck by a person with any object or body part nor was any part of the animal's body pulled, pinched or squeezed by the person or animal that was attacked.

Vaccination certificate shall mean a document showing on its face that the animal described thereon has received a current inoculation of rabies vaccine in an amount sufficient to produce an immunity that satisfies the requirement of state law, inscribed with the date of the inoculation, the duration of immunity approved for that vaccine, the name and address of the animal's owner, all other information required by state law and signed by a licensed veterinarian.

Veterinarian shall mean a person licensed to practice veterinary medicine in the state.

Veterinary hospital shall mean any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis of and treatment of diseases and injuries of animals.

Wild animal shall mean any nonhuman primate, raccoon, skunk, fox, wolf, leopard, panther, tiger, lion, lynx, bobcat, or other warm-blooded animals, or any poisonous or dangerous snake which can be found in the wild state.

Zoological park shall mean any facility, other than a pet shop or commercial boarding kennel, displaying or exhibiting one (1) or more species of nondomesticated animals operated by a person or government agency.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10; Ord. No. 2011-10-20-0863, § 2, 10-20-11)

Sec. 5-2. - Animal care services facility; erection, maintenance, care of animals; euthanasia service.

(a)

There shall be erected and maintained, under the supervision of the director, a suitable building and kennels, to be known as the animal care services facility, for the confinement of all animals seized, impounded or surrendered pursuant to the provisions of this chapter. The animal care services facility shall be kept in a sanitary condition, and all animals taken up and impounded therein shall be properly fed and provided water. All animals shall be treated in a humane manner while under the custody of the department.

(b)

Upon payment of the applicable fee, if any, the animal care services facility will provide euthanasia of dogs, cats, and other small animals upon the signed request of an owner who resides within the city and residents of unincorporated Bexar County as long as the city and county maintain a joint animal control program through contractual agreement.

(c)

The sale of live animals from the animal care services facility for research and pound seizures is prohibited.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-3. - Prohibiting sale of baby chicks, ducklings or other fowl and rabbits.

(a)

It shall be unlawful for any person to sell or offer for sale, barter, lease, rent or give away on the condition that some other item is purchased, bartered, leased, or rented, any baby chicks, ducklings, other fowl less than three (3) weeks old, or rabbits less than eight (8) weeks old; except that this chapter shall not be construed as to prohibit the sale or display of such baby chicks, ducklings, or other fowl in proper breeder facilities or hatcheries or to prohibit the sale or display of such baby chicks, ducklings, or other fowl in stores engaged in the business of selling the same to be raised for commercial purposes.

(b)

It shall be unlawful to color, dye, stain, or otherwise change the natural color of any baby chicks, ducklings, or other fowl or rabbits or to possess for the purpose of sale any baby chicks, ducklings, or other fowl or rabbits which have been so colored.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-4. - Cruelty to animals.

(a)

Cruelty to nonlivestock and livestock animals, excluding uncaptured wild living creatures, is a violation of the Texas Penal Code and depending on the circumstances, is a class A misdemeanor, state jail felony, or a felony of the third degree.

(b)

It shall be a violation of this Code for a person to intentionally, knowingly or recklessly beat, cruelly treat, overload or otherwise abuse any uncaptured wild living creature anywhere in the city. A violation of this subsection is punishable as described in section 5-21

(c)

Animal care officials shall liberally utilize the authority granted by V.T.C.A., Health and Safety Code § 821.022 to seize and impound any animal that has been or is being cruelly treated. If the investigating animal care officer or cruelty investigator has reason to believe that an animal has been or is being cruelly treated, pending a hearing before any justice of the peace of Bexar County, Texas or any municipal court judge on the issues of cruelty and disposition of the animal, the seizure of the subject animal prior to receiving a warrant is hereby authorized if such a delay endangers the life of the animal, or if it would unreasonably prolong the suffering of the animal needing immediate attention.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-5. - Killing animals in a public place.

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

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-6. - Standard of care.

An owner, keeper or temporary owner of an animal is required to provide his animals with humane care and treatment as follows:

(1)

Access to an adequate supply of fresh air;

(2)

Species-specific food;

(3)

Fresh water;

(4)

Exercise;

(5)

Shelter, as defined by this Code; and

(6)

Veterinary care when needed to prevent suffering.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-7. - Ear cropping, tail docking, and dewclaw removal.

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.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-8. - Reporting motor vehicle animal strikes.

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.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-9. - Flooring standards for animal housing.

It shall be unlawful to house any animal on a surface that permits the feet or any portion of the foot to pass through any opening. The floor must be constructed in a manner that protects the animal's feet and legs from injury.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-10. - Prohibiting giving away animals as prizes or inducements.

It shall be unlawful for any person to give away, or offer to give away, any live animal as a prize for, or as an inducement to enter, any contest, game or other competition, or as an inducement to enter a place of amusement; or offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-11. - Prohibiting selling, displaying animals on roadside, garage sales, flea markets and festivals.

(a)

It shall be unlawful for any person to sell, trade, barter, lease, rent, or give away, any animal on any roadside, public right-of-way, commercial parking lot, garage sale, flea market, festival, park, community center or outdoor public place.

(b)

It shall be unlawful for any person to display for a commercial purpose any animal on any roadside, public right-of-way, commercial parking lot, garage sale, flea market festival, park, community center or outdoor public place.

(c)

This section shall not apply to any tax-exempt non-profit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals or any recognized rescue organization which is currently registered with the department.

(d)

Subsection (b) shall not apply to any person who has obtained a permit and is complying with the specific limitations as set forth in section 5-110 or facilities not required to obtain a permit under subsection 5-110(c).

(e)

Any animal being sold, traded, bartered, leased, rented, or being given away on any roadside, public right-of-way, commercial parking lot, garage sale, flea market, festival, park, community center or outdoor public place shall be subject to seizure and impoundment at the discretion of the investigating animal care officer and shall be subject to adoption, rescue, foster or humanely euthanized at the discretion of the director if not timely redeemed within the impoundment period as set out in this Code by payment of applicable impoundment fees for each animal impounded.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-12. - Exposing animals to poisonous substances.

(a)

No person shall expose any known poisonous substance, whether mixed with food or not, so that the same may be attractive to any warm-blooded animal or human; except that it shall not be unlawful for a person to expose, on his own property or with permission of the property owner, commercially available rat poison or other pesticides appropriately placed in accordance with the labeling directions.

(b)

It shall be sufficient to constitute a violation under this section that the poisonous substance was attractively exposed by such person in such a manner that the same may have been eaten, or was in fact eaten, by any warm blooded animal or human; no intent or further culpable mental state shall be required to prove a prima facie violation.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-13. - Traps with holding mechanisms prohibited; exceptions.

(a)

No person shall set up or allow to be set up on his property steel jaw traps, spring traps with teeth or perforated edges on the holding mechanism, snares, or any type of trap with a holding mechanism designed in such a fashion as to reasonably ensure the cutting, slicing, tearing or otherwise traumatizing of the entrapped prey, for the purpose of ensnaring domestic or wild animals within the city limits, unless the use of such traps is specifically deemed necessary by the director of health in or for the control of communicable disease. This section is not to be construed to include those traps designed to kill common rodents, i.e., rats, mice, gophers and groundhogs; except that the owner is responsible for taking care that any of the above said "rodent" traps are not placed or used on or about his property in such a manner as to reasonably ensure the trapping of any other domesticated or wild animal, or of a human.

(b)

It shall be a prima facie violation of this section that the traps proscribed in this section were, in fact, set up by the person in question, or were allowed to be set up by the person in question; no intent or further culpable mental state shall be required to prove such a prima facie violation.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-14. - Animal traps without holding mechanism.

A person may set up on his own property humane traps used to capture dogs, cats, and other small animals alive which must be sheltered and shall be checked at least once every two (2) hours or every eight (8) hours if left overnight by the individual setting the trap. Humane care shall be provided for any trapped animals including the provision of food, water, and protection from extremes of the environment including heat, cold, and precipitation. Trapped dogs or cats bearing identification and/or city registration shall be turned over to the department or the animal's owner.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-15. - Safety of animals in motor vehicles.

(a)

No person shall transport or carry on any public roadway any animal in a motor vehicle unless the animal is safely enclosed within the vehicle; and if traveling in an unenclosed vehicle (including, but not limited to convertibles, pick-up trucks, jeeps, and flatbed trucks), the animal shall be confined by a vented container or cage, or by chain, rope or other device cross-tied to prevent the animal from falling or jumping from the motor vehicle or from strangling on a single leash.

(b)

No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal's health or safety. Any animal care officer or police officer is authorized to use reasonable force, including the breaking of a side window, to remove an animal from a vehicle whenever it appears the animal's health or safety is endangered, and said neglected or endangered animal shall be impounded.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-16. - Pet shop requirements.

(a)

No person shall operate a pet shop within the city without first obtaining a license from the director.

(b)

Dogs and cats shall be removed from their primary enclosures at least twice during each 24-hour period and exercised unless the primary enclosure is of sufficient size to conduct an exercise regimen needed by the animal for good health. All animals shall be able to stand, stretch, and turn without touching any of the four (4) sides or top of their primary enclosure. Group housing of compatible animals is allowed if the space prevents crowding and allows for easy removal of animal waste, and the unhampered movement and comfort of each animal. Sick, diseased, and injured animals shall be kept isolated and taken to a veterinarian on the day of discovery for veterinary care or euthanasia.

(c)

All pet shops and stores selling animals, birds, reptiles and fish shall:

(1)

Take care to house animals in a sanitary manner;

(2)

Provide appropriate medical services, care, and housing according to individual species' needs;

(3)

Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal taken to the department) against common disease in accordance with standard veterinary practices; in the case of dogs, against canine distemper, adeno-virus para influenza, parvovirus, corona virus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and panleukopenia; and

(4)

Not offer any puppy or kitten under the age of eight (8) weeks for sale, trade or other compensation or for free giveaway (except a puppy or kitten, or litter or litters taken to the department, or any tax-exempt non-profit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals, or any recognized rescue organization which is currently registered with the department).

(d)

Animal enclosures shall be cleaned of debris and fecal matter at least once every twenty-four (24) hours. Sanitizing of dog and cat enclosures shall be done once every day by washing the surfaces with water and either soap or detergent, or by the use of a pressure water system or steam cleaner all of which shall be followed by the application of a safe and effective disinfectant. The exercise and run areas having pea gravel or other non-permanent surface materials shall be thoroughly cleaned at least every twenty-four (24) hours and more frequently if necessary by removal of soiled materials and application of suitable disinfectants followed by the replacement of clean surface materials when necessary.

(e)

It shall be unlawful for a pet shop owner, operator, manager, or employee to sell, trade, transfer, barter, give away, maintain, or act as a dealer or agent between a buyer and seller of any prohibited animal as defined by this chapter.

(f)

All cats and dogs taken into a pet shop facility for resale shall be checked no later than seventy-two (72) hours from the date the dog or cat is taken into the pet shop for internal and external parasites, unless documentation is provided indicating the animal has had a veterinary exam within the past thirty (30) days and is free of internal and external parasites. Any animal exhibiting any signs of parasites shall be promptly treated, and medical records maintained for each animal. Any animal exhibiting signs of any infectious or contagious disease including, but not limited to canine distemper, adeno-virus parainfluenza, parvovirus, corona virus, and leptospirosis, and in the case of cats, feline rhinotracheitis, and panleucopenia, will be immediately isolated and given adequate veterinary care. Complete records of veterinary care will be kept and delivered to the purchaser upon the sale of the animals. The department of health or animal care services may restrict the sale of any animal(s) suspected of being diseased or otherwise unfit for sale and may require that said animal(s) be examined within twenty-four (24) hours by a licensed veterinarian. The permit holder shall reimburse the enforcing agency's veterinary fees if the veterinarian concludes that the animal is unfit for sale at the time of the examination.

(g)

The pet shop permit holder shall furnish a purchaser a written statement at the time of sale which shall include:

(1)

Date of sale;

(2)

Name, address and telephone number of purchaser and permit holder;

(3)

Permit number of permit holder;

(4)

Breed, description, approximate age and sex of dog, cat or other animal sold (small mammals, parrot-type birds, and fish not included);

(5)

Medication and prophylactic immunization and dates administered;

(6)

Internal parasite medication(s) and date(s) administered;

(7)

A guarantee of good health for a period of not less than two (2) weeks with recommendation to have the animal examined by a licensed veterinarian. The permit holder shall retain a copy of the written statement for twelve (12) months from date of sale. All purchasers of dogs, cats and ferrets shall also be furnished with information as to the requirements of ownership of these animals within the city including requirements for rabies vaccination, litter permits, intact animal permits, microchipping and licensing. The pet shop permit holder shall be further required to register with the department the name, address, and telephone number of each purchaser of any dog or cat transferred within five (5) days after the sale or transfer.

(h)

Records shall be maintained in good auditable condition, and surrendered to the director or his authorized representative upon request and without reservation or purpose of evasion. Failure to produce such records upon demand by the director or any authorized representative of the director shall be cause for the revocation of an existing license and the refusal to issue a new license for a period of two (2) years.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-17. - Commercial boarding kennel.

(a)

No person shall operate a commercial boarding kennel within the city without first obtaining a license from the director.

(b)

The exterior of a commercial boarding kennel area shall be completely fenced or otherwise enclosed to prevent animals from leaving the premises.

(c)

Runs shall be constructed to effectively enclose the animals housed therein. Construction shall permit ready observation and handling of the animals and promote ease of cleaning. Runs and exercise areas having gravel or other non-permanent surface materials shall be sanitized a minimum of once in each 24-hour period and more frequently as may be necessary by removal of soiled materials and application of suitable disinfectants and replacement with clean surface materials.

(d)

All primary enclosures shall be structurally sound and maintained in good repair to protect the animals from injury, to contain them, and exclude other animals. They shall be constructed and maintained to enable the animals contained therein to remain dry and clean and to permit regular and effective cleaning. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation conditions.

(e)

Group housing is permitted for animals that are compatible. Adequate space shall be permitted to allow freedom of movement and comfort.

(f)

All animals that are known to be exposed to or show symptoms of having infectious or contagious diseases shall not be transferred to any person other than the owner of the animal.

(g)

A commercial boarding kennel shall not accept a dog for boarding without first obtaining a copy of the dog's immunization record or veterinarian receipt showing that the animal has a current rabies vaccination certificate and been vaccinated against canine distemper, hepatitis, para influenza, and canine parvovirus in accordance with standard veterinary practices. A commercial boarding kennel shall not accept a cat for boarding without first obtaining a copy of the cat's immunization record or veterinarian receipt showing that the cat has a current rabies certificate and been vaccinated against feline panleukopenia, viral rhinotracheitis, and calici virus in accordance with standard veterinary practices. Puppies and kittens less than four (4) months of age are exempt from the rabies vaccination requirement. The animal care services facility and commercial boarding kennels possessing federal certification of non-profit status (IRS 501(c)(3)) are exempt from this requirement.

(h)

It is the responsibility of the permittees, except for those exempted from the payment of commercial boarding kennel fees, to be able to prove at anytime that all dogs and cats on the premises which are over four (4) months of age are currently vaccinated against rabies.

(i)

All animals shall be supplied with sufficient species specific food during each 24-hour period and more often if the physiological needs of the animal require it. Each animal shall have access to fresh potable water at all times.

(j)

Precautions shall be taken to insure that animals are not teased, annoyed, or made to suffer by any persons or means.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-18. - Animal waste; sanitation standards.

(a)

All animals shall be kept in a sanitary manner. Animal owners shall collect and dispose of animal waste by flushing it down a commode, by burial at least six (6) inches below the surface of the ground, or by placing it in a disposable container, sealing the container, and disposing of it as household garbage. Livestock standings shall be constructed of concrete, compacted caliche or other equally impervious material that can be easily cleaned where bovines, equines, swine, goats or sheep are kept; or any other livestock when kept for commercial purposes. Such standings shall be located under the roofed areas and shall be the size of the roofed areas. All manure and other animal wastes from livestock shall be removed from pens, corrals or standings at least once each day. This material shall be deposited in a manure storage bin of concrete or metal construction and shall be provided with a fly-tight lid. Such manure and other animal wastes shall be removed from this bin at least once each week to a disposal site approved by the director.

(b)

No animal owner shall allow the accumulation of animal waste on any premises in a quantity sufficient to create an odor offensive to a person of normal sensibilities standing on any adjacent property not owned or controlled by the subject animal's owner, or which creates a condition conducive to the breeding of flies or other pests. It shall be unlawful to permit or allow fly breeding on premises on which livestock are kept, and permitting or allowing such shall authorize the denial, suspension or revocation of a permit by the director. Livestock owners shall have and maintain a fly control program.

(c)

The accumulation of animal waste on any premises so as to create a stench or harborage for flies or other pests is hereby declared to be a public nuisance. Upon delivery of a written "Notice to Clean" by the director of health, animal care services or housing and neighborhood services or their representatives, an animal owner or any adult occupant of the premises identified in said notice shall abate the therein described public nuisance on the premises within twenty-four (24) hours. Delivery shall be accomplished either by hand to the animal owner or keeper or any adult occupant of the residence, or by posting in a conspicuous place on the main entrance fence gate of the premises or main entrance door of the structure on the premises, or by certified mail, return receipt requested.

(d)

The director of health, the director of animal care services and the director of housing and neighborhood services are separately authorized and empowered to enforce the provisions of this section, and may summarily abate and remove any immediate public health and safety hazard due to the presence of animals by declaring the conditions to be an immediate public health hazard and public nuisance, and shall execute an administrative order that the premises be cleaned to city health code standards by the city or its contractor within twenty-four (24) hours. All three (3) said directors are each individually authorized to petition a justice or municipal court for a court order for the seizure of a particularly described animal or all animals kept on the subject premises to be impounded and cared for as abused or neglected animals pending a hearing before the court in accordance with V.T.C.A., Health and Safety Code § 821.022.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-19. - Leash and pooper scooper required.

An animal owner or keeper shall not walk an animal without a leash restraint, and shall not guide or take animals onto the yards or driveways of property not owned, leased or occupied by the animal owner for the purpose of allowing the animal to defecate, but shall keep the animal in the public right-of-way, and shall carry a container and implement for the sanitary removal of the animal's fecal matter from the public sidewalk and public right-of-way adjacent to any property with a structure or other improvements thereon.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-20. - Fastening animals with rope or chain; choker collar.

(a)

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.

(b)

No person shall chain their dog using a collar exceeding one and one-half (1½) inches wide for any dog weighing less than sixty (60) pounds. Dogs weighing sixty (60) pounds or more shall not be tethered using a collar exceeding two (2) inches in width.

(c)

An animal that is tethered must have access to adequate shelter at all times.

(d)

A person shall not chain or tether a dog with a chain or tether that weighs more than one-eighth (⅛) of the dog's body weight.

(e)

No person shall tether their female dog while the dog is in estrus.

(f)

Leaving a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement in the case of extreme weather conditions, including conditions in which the actual or effective outdoor temperature is below thirty-two (32) degrees Fahrenheit; a heat advisory has been issued by a local or state authority or jurisdiction; or a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service is a state law violation punishable by fine and/or jail time in accordance with the Texas Health and Safety Code.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-21. - Unlawful acts; criminal penalties; civil remedies.

(a)

Unless otherwise specifically provided for in this chapter, if it is found that a person intentionally, knowingly or recklessly violated any provision of this chapter, then upon conviction a person shall be fined an amount not less than one hundred dollars ($100.00) and not more than two thousand dollars ($2,000.00) except that, in the event a person has once previously been convicted under this chapter, the person shall be fined an amount not less than two hundred dollars ($200.00) and shall be fined not less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter.

(b)

If it is found that a person intentionally, knowingly or recklessly violated sections 5-4, 5-5, 5-7, 5-8 and 5-80 then upon conviction a person shall be punished by a minimum fine of five hundred dollars ($500.00) and a maximum fine of two thousand dollars ($2,000.00) for a first offense, a minimum fine of one thousand dollars ($1,000.00) and a maximum fine of two thousand dollars ($2,000.00) for a second offense, and a fine of two thousand dollars ($2,000.00) for a third and subsequent offense.

(c)

Nothing in this section shall limit the remedies available to the city in seeking to enforce the provisions of this chapter. Each day's violation thereof shall constitute a separate offense.

(d)

Where it is deemed necessary by the city manager and the director, the city attorney's office is hereby empowered to secure injunctive relief to enforce the provisions of this chapter. This shall be in addition to, and not in lieu of, the criminal penalties provided for in this chapter.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-22. - Rental fee authorized for the animal care services facility annex facility.

The department is authorized to charge a rental fee for the rental of a training room at the animal care services facility annex facility. The director may without council action enter into agreements pertaining to the rental of the annex facility for educational, training or community purposes.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Secs. 5-23, 5-24. - Reserved.