§ 6-13. Killing, trapping, etc., animals prohibited except in certain instances; authority to seize animals treated inhumanely.

(a)

It is unlawful for any person to wound, trap, maim, cripple, or inhumanely kill any animal.

(b)

It is an affirmative defense to this section that the animal is a chicken slaughtered not within public view.

(c)

It is permissible to humanely trap and dispose of nuisance animals.

(d)

The animal services manager may request a warrant from a court to enter any property within the city in order to carry out programs for the preservation of the health, safety, and general welfare of the city's citizens, and to determine the condition of any animal. The animal services manager may impound any animal if it is:

(1)

Without food or water;

(2)

Abused, neglected, or kept or harbored in extreme weather conditions without shelter or protection;

(3)

Restrained on a leash, chain, or other restraining line less than eight (8) feet in length, unless being exercised by a person;

(4)

Enclosed in an area less than twenty (20) square feet except when the animal is being restrained by the city, a licensed veterinarian, or a bona fide humane organization; or

(5)

Abandoned.

(e)

It is unlawful for any person to permit any of the conditions in subsection (d) to exist on property under his or her control.

(f)

The animal services manager may impound any animal that:

(1)

Is being tortured;

(2)

Is being caused to fight with another animal;

(3)

Is being seriously overworked;

(4)

Is abandoned;

(5)

Is being deprived of necessary food, care, or shelter;

(6)

Is being cruelly confined;

(7)

Is being abused; or

(8)

Is being kept or harbored in extreme weather conditions without shelter or protection.

(g)

After impounding an animal, the animal services manager shall notify the owner or harborer by certified mail at least five (5) days prior to a hearing to determine if the animal has been so mistreated.

(h)

The animal services manager may issue a decision within ten (10) days of the hearing. If the animal services manager determines the animal has been mistreated, he/she shall deny return of the animal to the owner or harborer. Conviction of the owner or harborer of the animal for violation of animal cruelty laws shall be prima facie evidence that the animal has been mistreated. If the animal services manager finds that the animal has not been mistreated, he/she shall return the animal to the owner or harborer.

(i)

If the animal services manager denies return of the animal to the owner or harborer, the animal services manager shall dispose of the animal pursuant to the provisions in this chapter for disposition of impounded animals. If the animal has been boarded with a private citizen or association whose purpose is to aid animals in distress, the animal services manager shall pay the citizen or association an amount out of the proceeds of the sale equal to the per day impoundment fee set out in this chapter. If the animal has been impounded at the city shelter, the city shall retain the impoundment fees out of the proceeds of the sale and remit the balance, if any, to the former owner or harborer.

(j)

If the owner or harborer is dissatisfied with the decision of the animal services manager, he/she may appeal it in writing within five (5) working days to the city manager who may affirm the decision of the animal services manager or overrule it and order return of the animal to the owner or harborer. The city manager shall issue a decision in writing no later than fifteen (15) working days after the appeal.

(Ord. No. 8597, § 1, 1-26-06; Ord. No. 8934, § 2, 4-4-08; Ord. No. 2017-9935, § 3, 4-6-17 )

State law reference

Cruelty to animals and related offenses, V.T.C.A., Penal Code § 49.09 et seq.; disposition of cruelly treated animals, V.T.C.A., Health and Safety Code § 821.021.