§ 6.02.010. Inhumane treatment.

A.

Animal cruelty is a state law violation punishable by fine and/or jail time in accordance with the Texas Penal Code. Animal care officials shall utilize the authority granted by Section 821.022 of the Texas Health and Safety Code, as amended from time to time, to seize and impound any animal that has been or is being cruelly treated. If the investigating animal care officer has reason to believe that an animal has been or is being cruelly treated, pending a hearing before any court 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.

B.

A person commits an offense if, either through his action or omission, he:

1.

Fails to provide humane care and treatment for an animal he has possession of 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 when needed to prevent suffering;

2.

Fails to have a dog or cat that he owns or possesses vaccinated against rabies by the time the animal is four months of age;

3.

Beats, cruelly treats, torments, overloads, overworks, or otherwise abuses an animal (whether owned or unowned), or causes, instigates, or permits any dog fight, cock fight, bull fight, or other combat between animals or between animals and humans;

4.

Abandons an animal that he has possession of, or in the case of impoundment by the animal control officer, allows to remain in the animal shelter beyond a five-day maximum after notification of impoundment of such animal;

5.

Surgically alters an animal, including, but not limited to ear cropping, tail docking, and dew-claw removal, except when done by a licensed veterinarian;

6.

Intentionally strikes a domestic animal with a motor vehicle;

7.

Exposes any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal;

8.

Leaves any animal in any standing or parked vehicle in such a way as to endanger the animal's health or safety;

9.

Places or sets out steel jaw traps, spring traps with teeth, neck traps or any type of trap with a holding mechanism designed to cut, slice, tear or traumatize the entrapped prey, unless the use of such traps is specifically deemed necessary by the state parks and wildlife department or director of health for control of communicable disease;

10.

Causes, allows, or permits any animal to remain in its own filth;

11.

Teases, provokes, molests or irritates an animal that is confined to the owner's premises;

12.

Tethers an animal on a rope shorter than 15 feet long unless tethered in the open bed of a truck;

13.

Tethers an animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal including but not limited to injury; lack of access to shelter, water or food; exposure to stinging or biting insects; standing water; attack by other animals; or danger of entanglement;

14.

Tethers an animal to a stationary object in a manner that creates a potentially dangerous situation for a pedestrian including but not limited to permitting the animal access upon any public right-of-way, permitting the animal to leave the owner's property or tethers the animal in the front yard of a residence;

15.

Tethers an animal with an improperly fitted collar or harness or a choke-type collar, or with a tether that weighs more than one-fifth of the animal's body weight, or with other than an authorized restraint.

16.

Leaves an animal tethered without shelter during a severe weather event including:

a.

Temperature below 32 degrees Fahrenheit;

b.

A heat advisory issued by local or state authority or jurisdiction; or

c.

A hurricane, tropical storm or tornado warning has been issued for the jurisdiction by the National Weather Service;

17.

Confining an animal in an area smaller than 25 square feet for each ten pounds of animal body weight except when being transported in vehicles.

(Ord. No. 2017-21 , § 3, 12-12-2017; Ord. No. 2017-06 , § 2, 7-11-2017)