ORDINANCE REVISIONS received 3/28/08
 

ARTICLE I IN GENERAL 
 

Sec. 4-1 Definitions. 
 

  The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning. 
 

Abandonment shall mean to desert or to leave without care, food, shelter, or a continuous source of clean water for a period of twenty-four (24) hours or more.  
 

Animal shall mean any member of the group of living beings belonging to the subphylum vertebrate, specifically excluding human beings. Animals shall include any and all types, both domesticated and wild, male and female, warm and cold blooded.  
 

Animal control authority shall mean the person or persons designated by the city manager or applicable state law to enforce this chapter.

Animal establishment shall mean any pet shop, kennel or cattery, grooming shop, auction, performing animal exhibition, flea market, breed placement and rescue groups, or facility engaged in the handling of domestic animals, excluding veterinary practices, veterinary hospitals, humane societies, or government impound facilities, and individuals caring for their own animals in their private residence in compliance with the terms of this chapter.

 
 

Animal shelter shall mean a facility designated or recognized by the city for the purpose of impounding and caring for animals.  
 

At large shall mean to be free of physical restraint beyond the boundaries of the premises of the owner. 
 

Captive bred shall mean bred from parents already in captivity in the United States. 
 

Cat shall mean any of the domesticated forms of the species Felidae Felis catus or domesticus,  
 

Chicken shall mean a type of domestic bird that is usually raised as a type of poultry and believed to be descended from the wild Asian Red Jungle fowl, Gallus gallus.

Culpable shall mean deserving blame or censure

 
 

Dangerous animal shall mean: 
 

1. Makes an unprovoked attack that causes bodily injury to a person, and occurs in a place other than an enclosure in which the animal was being kept; such enclosure being reasonably secure so as to prevent the animal from leaving the enclosure on its own; or

 
 

2. Commits unprovoked acts in a place other than an enclosure in which the animal was being kept; such enclosure being reasonably secure so as to prevent the animal from leaving the enclosure on its own; and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person.

 
 

Dog shall mean any of the domesticated forms of the species Canidae Canis familiaris. 
 

Domestic animal shall mean a tame, gentle animal including cats, dogs, ferrets, caged birds, amphibians, fish, reptiles, (other than reptiles as defined as wild animals), and small caged rodents.  
 

Domestic fowl shall mean fowl or birds which have been domesticated by man including members of the parrot family, doves, quail, ducks, geese, pigeons and caged birds excluding chickens as defined herewithin.

Exotic animal shall mean any non-domesticated animal and any hybrid thereof, other than exotic livestock, that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad.

 
 

Exotic livestock shall mean grass-eating or plant-eating single hooved or cloven-hooved ungulates; including animals from the horse, cattle, deer, and antelope families, and any hybrid thereof, that are non-indigenous: native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. (Ag code 142 includes taper, rhino, elephant and swine) 3-15-07

 

Ferret shall mean any of the domesticated forms of the species Mustela putorius furo.  
 

Guard Dog shall mean a dog that has received protection or guard dog training and used by law enforcement, private security, or in protective functions where the dog is responsive to control by its owner or handler and used only for protective functions, irrespective of its status as a personal pet of its owner or handler. 
 

Hatchery shall mean a business that hatches chicks for a profit in an enclosed, climate controlled, bio-secure environment where the chicks are held up to (but not to exceed) five (5) days. 
 

Humane Manner shall mean care of an animal to include but not be limited to ventilation and sanitary shelter, food and water consistent with normal requirements and feeding habits of the animal’s size, species and breed.  
 

Hybrid shall mean a crossbreed resulting from the mating of two different species or a crossbreed resulting from the breeding of two (2) hybrids, or is shown to be a hybrid by testimony of a licensed veterinarian or an animal control officer, or is represented to be a hybrid by a person who owns or exercises control or custody over said animal.  
 

Kennel or Cattery shall mean any premises in which four (4) or more dogs or cats, four (4)  months of age or older are kept; or where the business of buying, selling, breeding, grooming, training or boarding of dogs or cats are conducted; does not include veterinary practices hospitals, humane societies, or government impound facilities.  
 

Lawful fence shall mean an enclosure of appropriate material (wood, wire, pipe, etc.), which demonstrates sufficient strength and height to restrain the animal, which is being contained. All fencing must be in good repair (sufficient for the breed) and may not include trash (including, but not limited to, doors, mattress springs, etc.) Fencing materials and types shall be in compliance with city zoning codes. 
 

License shall mean a fee imposed annually for the privilege of owning a dog, cat.. 
 

License Tag shall mean the display of a durable tag on a collar issued by the licensing authority.  
 

Licensing authority shall mean any designated representative charged with administering the issuance of licenses under provisions of the BRAZOS COUNTY ANIMAL CONTROL ORDINANCE AND RESOLUTIONS. The County Judge shall designate the licensing authority.  
 

Livestock shall mean domestic animals generally used or raised on a farm for profit, work, or pleasure, including, but not limited to; horses, mules, asses, cattle, swine, sheep, and goats. 
 

Local Rabies Control Authority shall mean the officer designated by the municipal or county governing body under the Texas Health and Safety Code, Chapter 826  
 

Microchip shall mean an identifying chip placed under the skin of an animal used as an additional form of identification. 
 

Neutered shall mean rendered permanently incapable of reproduction.  
 

Nuisance An animal shall be considered a nuisance if it damages, soils, defiles or defecates on private property other than the owner’s or on public areas, unless such waste is immediately removed and disposed of; causes unsanitary, dangerous or offensive conditions; creates a disturbance by excessive barking or other animal noise which would offend a person of ordinary sensibilities under the same or similar circumstances; or chases, molests, attacks or interferes with persons or other domestic animals on public property or the private property of others.  
 

Owner shall mean any person who has a right of property to an animal, for more than seventy two (72) hours.

Permit shall mean a document issued under the provisions of this chapter. The city manager or designee shall develop application forms and written guidelines for approval or disapproval.

Permit authority shall mean the agency or department of the city or any designated representative thereof charged with administering the issuance and/or revocation of permits under the provisions of this chapter. The city manager shall designate the permitting authority. In the absence of a designation, the Police Department shall be the permitting authority.

 
 

Person shall mean any individual, firm, corporation, partnership, other business unit, society, association, or other legal entity, any public or private institution, the State of Texas, or any municipal corporation or political subdivision of the state. 
 

Pet animal shall mean any animal that has commonly been kept as a pet in family households in the United States, such as dogs, cats, ferrets, guinea pigs, rabbits, small nonpoisonous reptiles, and hamsters. This term excludes livestock, exotic animals, exotic livestock, and wild animals.  
 

Pet Kennel  shall mean a manufactured pet carrier of sufficient size to allow the animal to stand, lie, sit, in a normal posture and has six sides, one of which contains a door that can be secured and allows for adequate ventilation. 
 

Pet shop shall mean a retail establishment engaged in the business of buying or selling pet animals commonly kept for pleasure not utility for profit making purposes. 
 

Residential shall mean any property utilized as multifamily, four-plex, triplex, duplex or single-family dwelling.  
 

Responsible person shall mean to keep or harbor an animal, has an animal in their care, act as custodian of an animal, or who permits an animal to remain on or about his premises for more than seventy two (72) hours. 
 

Restraint shall mean that an animal shall be considered under restraint if it is within an enclosure, or secured by a leash or lead and under the physical control of a responsible person.  
 

Secure enclosure shall mean a fenced area or structure that is:

1. Locked
2. Capable of preventing the entry of the general public, including children;
3. Capable of preventing the release or escape of an animal;
4. Clearly marked as containing a dangerous animal by posting dangerous signs on all sides of the enclosure;
5. Is tall enough or covered so that the animal cannot climb out; and
6. Has a perimeter structure, which prevents the animal from digging out or going under the side fence or wall.

 
 

Unprovoked attacks or acts shall mean an attack or act by an animal, which took place even though the person that was attacked did not do anything to cause or engage the attack or act.  
 

Veterinarian Practice shall mean any establishment, business, hospital, clinic, mobile service, or teaching facility that is owned, or overseen by a Veterinarian that is licensed to practice Veterinarian Medicine in the State of Texas as per The Texas Veterinarian Licensing Act. 
 

Wild animal shall mean all undomesticated animals including, but not limited to lions, tigers, bears, wolves, apes, monkeys, baboons, all forms of poisonous or dangerous reptiles, non venomous snakes capable of growing over six feet in length, pumas, wildcats, lynx, bison, raccoons, opossums, coyotes, foxes, skunks, squirrels and any other indigenous animals normally found in a wild state, and members of the class of Aves not domesticated by man, including hawks, falcons, and other birds of prey, and any hybrids thereof. 
 

Enforcement generally.4-2

It shall be the duty of the animal control authority or any duly licensed peace officer to carry out all applicable provisions of this chapter and to pick up and impound all animals found to be in violation of this chapter. 
 

An offense under this chapter does not require that a person have knowledge of the violation in order for that person to be charged, unless the section specifically sets out the necessary culpability for the offense. 
 

Or… 
 

An offense under this chapter does not require a culpable mental state (prior intention to commit a criminal act, knowing that the act is a crime) for a person to be charged with a violation, unless the section specifically sets out the necessary culpability for the offense. 
 

Interference.4-3

It shall be unlawful for persons to interfere with, hinder or molest any agent of the animal control authority in the performance of any duty as herein provided. It shall also be unlawful for any person to remove an animal from or inflict damage upon a humane live trap set by the animal control authority. 
 

Records to be kept.4-4

The animal shelter or other impoundment facility shall keep a record for a period of two (2) years giving the description of all animals impounded by the animal control authority, the date of impounding, the date of sale or other disposition, whether sold or otherwise disposed of, the amount realized from such animal and the name and address of the purchaser. 
 
 

Impoundment and Disposal 4-5

1. Unless a specific subsection applies, the animal shelter or other impoundment facility shall maintain any animal impounded for a period of three (3) days in which the shelter or impoundment facility is open to the public before disposal.  The Shelter or impound facility may have standard operating procedures in place for the care and maintenance of severely sick, injured, and/or feral animals that may preclude holding the animal for three (3) days.
2. Wild animals shall become the property of the animal shelter or impoundment facility immediately upon receipt. (Ref. 4-17_)
3. The animal shelter or impoundment facility shall dispose of all animals impounded in accordance with state law.

 
 

Redemption 4-6

Not withstanding any other provision of this ordinance, the owner of any impounded animal may reclaim said animal by signing any citations issued for alleged violations of this chapter and paying all Return to Owner fees, fines and other accrued expenses. 
 

Animal fights; fighting paraphernalia.4-7

(a) It shall be unlawful for any person to keep, or use, or in any way be connected with, any place used for the purpose of fighting animals.

(b) It shall be unlawful for any person to receive money for the admission of any person to any place kept or used for the purpose of fighting animals, or to permit or suffer any place belonging to or under his control to be so kept or used.

(c) It shall be unlawful for any person to aid, encourage, assist, or arrange for an animal fight, or to issue a challenge for the purpose of bringing about an animal fight.

(d) It shall be unlawful for any person to have on their person or property any paraphernalia used in fighting, including but not limited to fighting rings, break sticks, fighting knives, or training facilities used to prepare animals for fighting.

(e) It shall be unlawful for any person to raise, breed, maintain, or harbor any animal which is used or intended to be used for fighting.

(f) It shall be unlawful for a person to attend an exhibition of dog fighting as a spectator 
 

Tying or staking near streets, public buildings, etc.; impounding.4-8

1. It shall be unlawful for any person to tie or stake an animal upon any open or unfenced lot or land within the city so that the animal so tied or staked could get on, across or within eight (8) feet of any street, park or other public land, or within eight (8) feet of any sidewalk, public right of way, public passway or building.
2. Such animal so tied or staked shall be considered dangerous to the public in general and declared a nuisance, and shall be impounded as any other animal found running at large.

 
 

Animals at large-generally 4-9

It shall be unlawful for any person to allow any animal to be “at large” within the city. When an animal is found to be at large and its ownership is verified by the animal control authority, the authority may issue the owner or responsible person in control of the animal a citation and/or impound the animal.

1. A “prima facie” case (apparent;self-evident) is established by proving that the animal was at large and proving ownership of the animal.
2. The animal control authority shall have the right to pursue and apprehend a free roaming animal onto private property without first requesting permission from the owner of the property or without obtaining a search warrant.

 
 

Abandonment of animals.4-10

It shall be unlawful for any person to abandon an animal in the city. An animal shall be considered abandoned if the owner leaves the animal without food or water for a period of twenty-four (24) hours. Abandoned animals shall be civilly seized, causing them to be impounded. 
 

Slaughtering animals.4-11

It shall be unlawful for any person to maintain any property for the purpose of slaughtering any animal, except those establishments that have been duly licensed to slaughter animals under the laws of the state and applicable city ordinances. 
 

Animals biting, scratching or attacking any person.4-12

The responsible person or owner of any animal that bites, scratches or attacks any person, when the person bitten was not trespassing upon the property of the responsible person or owner of the animal, shall be guilty of violating this code. 
 

Riding animal on sidewalks and streets prohibited. 4-13

It shall be unlawful for any person to ride a horse or mule or any other animal on a public sidewalk or within the public street right-of-way except on the paved shoulder or curb lane of the street right-of-way, unless a permit has been obtained from the City. 
 

Animals barking, howling, crowing or screeching 4-14

It shall be unlawful for any person to harbor or keep on his premises or in or about his premises under his control, any animal which by loud or unusual barking, howling, or crowing, or by noise of any type, causes the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed.  (Reference Section 4-67: Animals creating nuisances) 
 

Sanitary condition of pens. 4-15

1. It shall be unlawful for any person to maintain any pen, enclosure, pound or area for any animal in an unsanitary, offensive or disagreeable manner.
2. The keeper of any pen shall be responsible for the pickup and disposal of all animal feces found in such pen. Feces must be removed often enough so that there is no odor or fly attraction to the enclosure which would disturb a person of normal sensibilities or to constitute a health hazard to humans.

(Reference Section ???:Standards of Care, Section 4-67: Animals creating nuisances, and/or Article II Section 4-46: Location and size of livestock enclosures) 
 

Killing or interfering with nests of wild birds. 4-16

1. It shall be unlawful for any person to willfully kill or in any manner injure any wild bird of any kind.
2. It shall be unlawful for any person to remove from the nest or in any manner destroy the eggs of any wild bird or remove the young birds from the nest of any wild bird.

(Reference Federal Migratory Bird Treaty Act) 
 
 

Harboring exotic animals or livestock, and wild animals 4-17

(a) It shall be unlawful for any person to keep or harbor any exotic animal or livestock or, wild animal within the city, except for Vernon’s Texas Codes Annotated, Health and Safety, 822.102.

(b) The animal control authority or the local health authority under the Texas Health and Safety Code may setup conditions under which it would be permissible to keep or harbor wild animals in the city on a temporary basis. 
 

Traps 4-18

Traps with holding mechanisms prohibited; exceptions

1. 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 Animal Control Supervisor in or for the control of communicable diseases.  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.
2. It shall be a prima facie violation (apparent; self evident) of this Section that the traps proscribed in this Section were, in fact, set up by the person in questions, or were allowed to be set up by the person in question; no intent or further culpable mental state to prove such a prima facie violation.

 
 

Animal traps without holding mechanism

1. 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 twenty-four (24) hours by the individual setting the trap.  Humane care shall be provided for any trapped animals including provision of food, water, and protection from extremes of the environment including heat, cold, and precipitation. Trapped dogs or cats bearing identification and/or Brazos County License tags shall be turned over the the Animal Control Department.

 
 

Animals left in vehicles 4-19

It shall be unlawful to leave an animal confined in a motor vehicle or trailer without adequate ventilation, when the outside air temperature is seventy-five (75) degrees Fahrenheit or above. 
 

Transporting animals in open bed trucks or trailers  4-20

It shall be unlawful for a person to operate an open bed pickup or an open flatbed truck or tow an open flatbed trailer on a public street or highway while a dog or other animal occupies the bed of the truck or trailer unless they are secured in a “pet kennel” or other secure vented enclosure, restrained by a harness manufactured for the purpose of restraining animals, or 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.

“Care.” 4-21

POSSIBLY INSERT STANDARDS OF CARE GUIDELINES HERE

Failure to provide any of the above by the owner or the responsible person who has care, custody, or control of the animal will be a violation of this ordinance 
 

“Sale of Animals; exceptions” 4-22

      No owner or person shall display for commercial purpose, offer, sell, trade, barter, lease, rent, or give away, any live animal, on any roadside, public right-of-way, commercial parking lot, or any flea marketED.  This provision does not prohibit the sale or purchase of animals from a person’s private residence. The exception to this Section are Animal Establishments and Animal Shelters. (Reference Definitions) 

Surgical procedures prohibited 4-23

It shall be unlawful for any person to crop a ears, dock a tail, remove dewclaws, debark, or  
 

perform other surgical procedures on a dog or cat except as provided by the Veterinary  
 

Licensing Act. ED

Animal Impounded at Police Request 4-24

(a) Animal control authority shall impound an animal at the request of a peace officer when the owner of the animal has been arrested, hospitalized, is missing or has died, and there is no person present who will assume the duties of providing food, water, and shelter for such animal, as required by the Standards of Care Guidelines within this document.  (Ref Section ???????)

(b)Application for a hearing in a court that has jurisdiction shall be made pursuant to the Texas Health and Safety Code s821.022.  (Chapter 821 Treatment and Diposition of Animals, Subchapter B Seizure of Cruelly Treated Animals) 
 

Sections 4-25-4-45. Reserved 
 

Article II

Livestock and Fowl  
 
 

Location and size of livestock enclosures. 4-46

1. The livestock shall be kept within structures, or enclosures and not permitted to   run at large.
2. The keeper of any pen shall be responsible for the pickup and disposal of all animal feces found in such pen. Feces must be removed often enough so that there is no odor or fly attraction to the enclosure which would disturb a person of normal sensibilities or to constitute a health hazard to humans.

(Reference Section ???:Standards of Care, Section 4-67: Animals creating nuisances, and/or Article II Section 4-46: Location and size of livestock enclosures) 
 

3. The structure or enclosure within which the livestock are confined shall be not less than one hundred feet (100’) from any structure used for human occupancy, except the dwelling occupied by the owner of the livestock.
4. The owner of the livestock shall post their contact information at the entrance to the livestock enclosure and include name, address, and telephone numbers.
5. The owner of the livestock shall make available to the animal control authority, proof of current vaccination for Brucellosis (all cattle 18 months of age and over except steers and spayed heifers per Texas Adminstrative Code Title 4, Part 2, Chapter 35 and a negative test for Equine Infectious Anemia (horses, mules, donkeys) as required under Texas Administrative Code Title 4, Part 2, Chapter 49 for horses at an event or gathering, horses in stables or breeding farms, or any horse that has had a change of ownership.
6. Each animal must have access to acreage adequate to maintain the livestock in acceptable body condition and housing or shelter provided based on species of livestock. It is unlawful for any owner or custodian of the livestock to violate this section. (Reference Standards of Care Guidelines Section ??????)

 
 

When owner of premises may impound livestock 4-47

If any livestock are found upon the premises of anyone, the owner or occupant of the premises shall have the right to confine such animal until he can notify the animal control authority to come and impound such animal, provided the same is done in a reasonable time. When so notified, it shall be the duty of the officers to at once cause such animal to be impounded as herein provided. 
 

Willfully causing animals to be impounded: release when owner not responsible. 4-48

Whenever the animal control authority or the animal shelter, shall become satisfied that any animal has been willfully released from any stable, lot or pen, or has been driven into prohibited territory by any person other than the owner with the intention of having the animal impounded to injure the owner thereof, the animal control authority shall have the discretion to order such animal so impounded released without cost. 
 

Domestic Fowl must be kept in enclosures 4-49

1. It shall be the duty of the person owning, or having within his management or control, any turkeys, geese, or other domestic fowl, (excluding chickens) to keep same enclosed upon his own premises in such manner that the fowl cannot go upon the public streets, highways, alleys, rights of ways, or parkways of the city, or upon the private property of others.
2. It shall be unlawful for any person owning or having under his control or management any turkeys, geese, or other domestic fowl (excluding chickens) to allow said fowl to be at large within the city.

 
 

Proximity of fowl enclosures to dwellings 4-50

1. Any enclosure that houses other domesticated fowl must be at least fifty (50) feet from any building intended for human occupancy, except the dwelling occupied by the owner of the fowl.
2. All fowl must be provided with adequate food and a continuous source of clean, wholesome water as stated in the Standards of Care Guidelines, Section ??????.

Chickens within the city limits; Exemptions 4-51

It shall hereafter be illegal for any person to keep, harbor, own, or to maintain on his or her premises or to have in his or her possession a rooster within the city limits.

It shall be legal for any person to keep, harbor, own, or maintain on his or her premises up to 10 hens.

Chickens must be kept in enclosures 4-52

1. It shall be the duty of the person owning, or having within his management or control any chickens to keep same enclosed upon his own premises in such manner that the chicken cannot go upon the public streets, highways, alleys, rights of ways, or parkways of the city, or upon the private property of others.
2. It shall be unlawful for any person owning or having under his control or management any chickens to allow said chickens to be at large within the city.

 
 

Proximity of chicken enclosures to dwellings 4-53

1. Any enclosure that houses chickens must be at least fifty (50) feet from any building intended for human occupancy, except the dwelling occupied by the owner of the chicken.
2. All chickens must be provided with adequate food and a continuous source of clean, wholesome water as stated in the Standards of Care Guidelines, Section ??????.

The animal control authority shall enforce this ordinance by issuing a citation and/or by impounding (seizing) the animal.

1. If a stray chicken is located on a person’s property within the city limits, then the animal control authority may request entry to impound the chicken. The chicken(s) will be held by the animal control authority twenty-four (24) hours (or one full day which the shelter is open to the public) for the person who claims as interest in the chicken(s) impounded to make their property interest known to the animal control authority. If the chicken(s) is not claimed within the aforementioned time period, then the animal control authority will maintain possession of the chicken(s) and may dispose thereof accordingly.
2. It shall be an exception to this prohibition if the person is lawfully operating an establishment that has either been duly licensed to slaughter chickens under the laws of this State and applicable city ordinances and/or is lawfully operating a hatchery.
3. It shall be an exception to this prohibition if the person is involved in an Agricultural Youth Project, under the supervision of a county extension agent, interest group leader or agriculture teacher employed by the independent school district and:

            (1) chickens to be kept no longer than 75 days.

            (2) housed in a sanitary manner so that they are not a     nuisance to others.

            (3) provided appropriate food, water, and shelter (Reference Standards of Care Guidelines Section ????) 
 

Impoundment and right to notice and hearing- Chickens 4-52

1. If it is determined that a chicken(s) is located on property within the city limits, then the animal control authority may request entry to impound the chicken, may elect to issue a citation, or may do both. If entry to the animal control officer is denied, or at the officer’s election, the animal control officer may apply to the municipal court for a warrant to seize the chicken(s).
2. Upon a show of probable cause to believe that a chicken(s) is being kept unlawfully within the city limits, the court shall issue a seizure warrant. At that time the court will set a time within ten (10) calendar days of the date of issuance for a hearing for the court to determine if the seizure is lawful.
3. If no person is present at the time of seizure/execution of the warrant, the animal control officer shall seize the chicken(s) and post a notice on the front door of the dwelling as well as on the enclosure from which the chicken(s) was taken. Such posting is to provide notice of the date, time, and place of the hearing.
4. If the court finds that the seizure was lawful and the exception to the ordinance does not apply, then the animal control authority will maintain possession of the chicken(s) and dispose thereof accordingly.

 
 

Hogs and pigs prohibited 4-53

It shall be unlawful for any person to maintain and keep any hog, or pig within the cityEDED. 
 

Ostriches, Emus, and Rheas prohibited 4-54

It shall be unlawful for any person to maintain and keep any ostrich,emu, or rhea within the cityED. 
 

Section 4-55-65 reserved

Article III

Dogs, Cats and Ferrets 
 

Rabies vaccination and license required. 4-66

1. Except as other wise provided, no person shall own, keep, or harbor any dogor cat, over four (4) months of age within the city unless such animal is vaccinated and licensed. The provisions of this section do not apply to animals owned by a licensed research facility or animal shelter.
2. All dogs and cats, shall be vaccinated against rabies by a licensed veterinarian in accordance with Texas Health & Safety Code, section 826.021 Vaccination of Dogs and Cats Required.
3. The licensing authority shall designate, when practicable, licensed veterinarians to collect the annual licensing registration fee. A licensed veterinarian who has been so designated shall, when practicable, register dogsand cats and collect the annual licensing registration fee under the following terms and conditions:
   1. If a licensed veterinarian vaccinates a dogor cat for rabies, he/she shall collect the annual licensing registration fee when practicable, issue a rabies vaccination tag and a license as appropriate, and send to the licensing authority a copy of a form which shall include the following information:
      1. Name and address of pet owner
      2. Description of the pet
      3. Date of vaccination
      4. License number
      5. Permament identification, if applicable (i.e. micro chip, tattoo)
      6. Other appropriate information
   2. A licensed veterinarian who has been designated to collect the annual licensing registration fee shall have all necessary forms and tags for registration provided to him/her by the licensing authority. The licensing authority shall establish a collection procedure for the fees, a format for the tags, and shall keep a record of all dogs and cats registered in this manner.
4. Application for a license must be made within thirty (30) days after obtaining a dog or cat over four (4) months of age. This requirement will not apply to a nonresident keeping a dog or cat within the city for no longer than sixty (60) days. New residents must apply for a license within thirty (30) days of establishing residency within the city.
5. Except as otherwise provided, the licensing period will be for one (1) year. Each applicant shall pay the appropriate fee annually and shall supply all information reasonably requested on forms supplied by the licensing authority. Licenses furnished by the licensing authority shall be of durable material. A license issued for a dog or cat must be attached to the collar/harness of the animal and must be worn at all times. A microchip may act as a secondary form of identification for dully licensed animals. Licenses are not transferable to other animals. A record of all licenses issued shall be maintained by the licensing authority; and such records shall be available to the animal control authority. Records are to be kept for a period of five (5) years. Such records and registry are not public information and are confidential by law under the Texas Health and Safety Code Chapter 826 Rabies, section 826.0211 Confidentiality of Certain Information in Rabies Vaccination Certificates.
6. A license shall be issued after payment of the required fee. Persons who fail to obtain a license as required within the time period specified in this section will be subjected to a delinquent fee.
7. License fees shall be waived for registered service dogs or government-owned dogs used by law enforcement, and feral cats. All other licensing provisions, specifically rabies vaccinations, shall apply.
8. If a dog or cat has been vaccinated by an out-of-town veterinarian, the licensing authority, upon receipt of the application form and payment of all scheduled fees, shall provide a license to the registered owner. Said license will be valid for one (1) year from the date of issue.

“Animal creating nuisances.” 4-67EDED

It shall be unlawful for any person to allow any animal under his/her care, custody, or control to be off the owner’s property and not be under restraint, except in designated, special use areas. For an animal to be “under restraint”, the restraining device and/or the person holding the device must be capable of maintaining control of the animal at all times. It shall be unlawful for any person to allow any animal under his/her care, custody, or control to allow the animal to:

1. damage, soil, defile, or defecate on private property other than the owner’s or on public rights of ways and recreation areas unless such waste is immediately removed and properly disposed of by the person;
2. cause a disturbance be excessive barking or other noisemaking; or
3. molest, attack, or interfere with other persons or other domestic animals on public property 

Government-owned dogs used by law enforcement and service dogs are exempt from this section.

It shall be unlawful to allow any female animal, while in heat, to create a nuisance by attracting other animals and she shall be confined in a building or enclosure in such a manner that she shall not be in contact with another dog. This section shall not be construed to prohibit the intentional breeding of animals within an enclosed area with the consent of the dog owner(s) and on the premise of the owner.   
 
 

“Impoundment” 4-68

Any animal found at large shall be impounded by the animal control authority and taken to the animal shelter. Immediately upon impounding an animal, the animal control authority shall make every reasonable effort to notify the registered owner and inform that person of the conditions whereby custody of the animal may be regained. Animals not claimed by the registered owners within a period of three (3) days in which the shelter is open to the public a minimum of four (4) hours shall become the property of the animal shelter.

1. The animal control authority shall have the right to pursue and apprehend a free roaming animal onto private property without first requesting permission from the owner of the property or without obtaining a search warrant.
2. When an animal is found at large and its’ ownership is verified by the animal control authority, the authority may exercise the option of serving the owner with a citation and/or impound the animal. The city shall establish a prima facie case by proving the ownership of the animal and that it was at large.
3. In the event that the animal control authority finds an animal to be in a state of disease, malnutrition, pain, suffering, or the like, they shall have the right forthwith to remove or cause to have removed any such animal to a safe place for care at the registered owner’s expense or to euthanize them when necessary to prevent further suffering. Removal shall be pursuant to warrant unless the conditions require immediate action to protect the animal’s life, in which case a warrant to remove shall be procured by the animal control authority as soon as is practicable.  (Examples of imminent danger are animals left in hot vehicles, animals hanging from tethers or chains, etc) Return of the animal to the registered owner may be withheld until that person shall have made full payment for all expenses so incurred.
4. The animal shelter shall be entitled to dispose of such animals by adoption, transfer or humane euthanasia. or Disposal of the animals by any method specified herein does not relieve the registered owner of liability for violations and any accrued charges or citations.

 
 

“Redemption.” 4-69

Any animal impounded may be redeemed by the registered owner thereof within three (3) full days in which the shelter is open to the public a minimum of four (4) hours upon payment of a return to owner fee and signing any citations, which are to be issued. Payment of return to owner fees is not considered to be in lieu of a fine, penalty, or license fee.

1. Any animal confined for rabies quarantine, evidence, or other purpose, may be redeemed by the registered owner thereof upon payment of a fee. Disposal of an animal by any method specified herein does not relieve the owner of liability for violations and/or accrued charges.
2. No animal required to be licensed and vaccinated under this ordinance may be redeemed until the requirements for those have been met.

 
 

“Licensing Fees.” 4-70

Any and all licensing fees required by this chapter shall be set by resolution of the Brazos County Commissioners Court.

Sections 4-71-4-99 reservedED 
 

Article IV. ”Dangerous Animals.” 
 

“Defense” 4-100

Upon attack by a dangerous animal, the animal control authority may defend himself/herself, a complainant, or property at the Officer’s discretion, taking such means as necessary in that situation. 
 

“Exception” 4-101

Dogs maintained lawfully as guard dogs or attack dogs, as defined herein, shall not be included in the definition of “dangerous animal”. As used in this section the term guard dog or attack dog means any dog intended to attack intruders that has completed such professional training and is so certified, or has been comparably trained, such that its attack can be stopped on command. 
 

“Unattended guard dog prohibited.” 4-102

It shall be unlawful for any person to leave any guard dog unattended in any place, inside any building unless a warning sign has been placed in a clearly visible location at the premises. The warning sign shall be located so that it can be seen by any person before entering the place to which the dog has access, warning that a guard dog or attack dog is present. It shall be unlawful for any person to leave any guard or attack dog unattended in a place outside a building except in a fenced yard, with a fence adequate to prevent the dog from leaving the premises. The warning sign shall be placed in a clearly visible location at the premises, located so that it can be seen by any person before entering the place to which the dog has access, warning that a guard dog or attack dog is present. 
 

“Dangerous animal impoundment.” 4-103

Any dangerous animal not in compliance herewith may be taken into custody by the animal control officer or licensed peace officer and impounded in the animal shelter for a period of not less that three (3) days. When an animal is found to be in violation of this section and its ownership is know to the animal control officer or licensed peace officer investigation, such animal need not be impounded if no human injury has occurred but such authority may issue a complaint and summons to the owner to appear in municipal court to answer the charges of violation of this article. 
 

“Court proceedings against animal owner.” 4-104

If a dangerous animal is impounded, the animal control authority may institute proceedings in the municipal court on behalf of the city, against the animal owner, if known. Nothing herein shall be construed as preventing the animal control authority, a licensed peace officer, or a complaining citizen from instituting a proceeding in the municipal court for violation of this section when there has been no impoundment. 
 

“Knowledge of ownership of dangerous animal.” 4-105

A person learns that he/she is the owner of a dangerous animal when the owner knows of an attack described in the definition of dangerous animal, or the owner is informed by the animal control authority that the animal is a dangerous animal. 
 

“Investigation.”  4-106

If a person reports an incident described in the definition of a dangerous animal, the animal control authority may investigate the incident. If after receiving the sworn statement of any witness, the animal control authority determines the animal is a dangerous animal, it shall notify the owner of that fact.  
 

“Appeal.” 4-107

An owner, not later that the fifteenth (15^th) day after the date he/she is notified that an animal owned by him/her is a dangerous animal may appeal the determination of the animal control authority to the Bryan Municipal Court. An owner may appeal the decision of the Bryan Municipal Court in the same manner as other cases from Municipal Court. 
 

“Court findings; release of an animal under this section.” 4-108

If a complaint has been filed in the municipal court against the owner of an animal impounded for violation of this article, whether filed by a complaining citizen or by the animal control authority or a licensed peace officer, the animal shall not be released from impoundment or disposed of except on the order of the Bryan Municipal Judge, who may also direct the owner to pay all impoundment fees, boarding fees, and treatment charges in addition to any penalties for violation of this section.

1. The Bryan Municipal Judge may, upon making a finding that such animal is fierce or vicious, pursuant hereto, order the animal to be destroyed in a humane manner under the supervision of the animal control authority.
2. Surrender of an animal by the owner thereof to the animal control authority shall not relieve or render the owner immune from the decision of the court or from fees and fines, which may result from a violation of this article.

 
 

“Requirements for owner of a dangerous animal.” 4-109

Not later than the thirtieth (30) day after a person learns that the person is the owner of a dangerous animal, the person shall:

1. Register the dangerous animal with the animal control authority for the area in which the animal is kept;
2. Restrain the dangerous animal at all times on a substantial chain or leash, no longer than six (6) feet in length, and a capable person is in immediate physical control of the leash or in a secure enclosure;
3. Place a collar on the dangerous animal marked with a dangerous tag issued annually by the animal control authority when the animal is registered;
1. Obtain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000) to cover damage resulting from an attack by the dangerous animal causing bodily injury to a person; and
2. Spay or neuter the dangerous animal (FW) and provide proof to animal control that the animal has been sterilized
3. Permanent identification of the dangerous animal, such as a tattoo on the inside thigh or a microchip implant. (Florida)
4. Secure the dangerous dog with a muzzle in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous dog is taken off the property of the owner for any reason.

If the owner of a dangerous animal sells the animal or moves to a new address, the owner, not later than the fourteenth (14^th) day after the date of the sale or move, shall notify the animal control authority for the area where the new address is located. On presentation by the current owner of the dangerous animal prior registration tag and payment of a fee of twenty-five dollars ($25.00), the animal control authority shall issue a new registration tag to be placed on the dangerous animals’ collar. 
 

An owner of a dangerous animal shall notify the animal control authority, where the dangerous animal is located, of any attacks the dangerous animal makes on people or other animals. 
 

“Attacks by dangerous animals.” 4-111

1. A person commits an offense if the person is the owner of a dangerous animal and the animal makes an unprovoked attack on another person or animal outside the animal’s enclosure and causes bodily injury to the other person or animal.
2. If a person is found guilty of an offense under this section, the court may order the dangerous animal destroyed in a    humane manner by the local animal control authority, animal shelter, or a licensed veterinarian.
3. In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty as provided by state law. An attorney having civil jurisdiction in the county or an attorney for a municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the municipality.

 
 

“Violations.” 4-112

A person who owns or keeps custody or control of a dangerous animal commits an offense if the person fails to comply with section 4-109. 
 

“Defense.” 4-113

1. It is a defense to prosecution under section 4-111 or section 4-112 that 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 animal in connection with that position.
2. It is a defense to the prosecution under section 4-111 or section 4-112 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses animals for law enforcement or corrections purposes.
3. It is a defense to prosecution under section 4-111 or section 4-112 that the person is 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 animal in connection with that position.
4. It is a defense to prosecution under section 4-111 or section 4-112 that the person is an animal trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act, Article 4413 (29bb), Vernon’s Texas Civil Statutes.

Section 4-31.  Private Animal Sales.

      No owner or person shall display for commercial purpose, offer, sell, trade, barter, lease, rent, or give away, any live animal, on any roadside, public right-of-way, commercial parking lot, or any flea market.  This provision does not prohibit the sale or purchase of animals from a person’s private residence  Lubbock