Chapter 6.04
GENERAL PROVISIONS
Sections:
6.04.030 Animal or livestock annoyances.
6.04.060 Animals in public places.
6.04.070 Restraint of animals.
6.04.010 Definitions.
For the purposes of this title, the following definitions of terms used shall apply in all cases, unless otherwise stated:
“Animal” means vertebrate domestic or domesticated members of the Animalia kingdom unless otherwise provided by this title.
“Animal Control Office” means the agency having authority (including agencies authorized by contract with the City) for enforcement of the animal control provisions of this title and of all animal shelters maintained at City expense, including the expense of contract services provided to the City.
“Animal control shelter” means any premises designated for the purpose of impounding and caring for animals impounded pursuant to this title.
“Annoyance” means an actual interference with the sleep, work or reasonable right to peace, safety, or privacy of a person.
“Borough” means the Matanuska-Susitna Borough.
“Canid hybrid” means an owned offspring of a wild member of the genus and the family Canidae bred to a member of the genus and species Canis familiaris. The offspring of a canid hybrid bred with a wild member of the family Canidae, another canid hybrid, or a member of the genus and species Canis familiaris is also a canid hybrid. Canid hybrids are domesticated animals.
“Cat” means a member of the genus and species Felis catus.
“Cattery” means any premises used for breeding, buying, selling, keeping or boarding five or more cats over the age of six months, whether for profit or not.
“Chief Animal Control Officer” means the person appointed by the Mayor (including a person appointed by an agency authorized by contract with the City) who has primary responsibility for administering and enforcing the provisions of this title.
“City” means the City of Houston and in the context of a particular section, may mean the designated contract agent of the City providing animal control services to the City.
“Competent voice control” means:
1. The person exhibiting the voice control is present with the animal and monitors all of its activities;
2. The person exhibiting the voice control is capable of directing all of the animal’s movements and activities by vocal commands;
3. The animal under voice control follows all of the vocal commands quickly and accurately.
“Confine” means to keep an animal in a fence, pen, building, or other secure enclosure from which the animal cannot escape, and which keeps the animal from coming into contact with other animals or humans outside the area of confinement.
“Days” is defined as the time in which an act required by this code is to be done, and is computed by excluding the first day and including the last, unless the last day falls on a weekend or on a holiday, recognized by the City, and then it is also excluded. Unless otherwise specified, “days” means City “business days.”
“Dog” means a member of the genus and species Canis familiaris, commonly known as domestic dog, but does not include other members of the family Canidae, such as a fox, coyote, wolf or any other game species, the taking of which is regulated by the state. For purposes of this title, “dog” shall include canid hybrids unless otherwise specified.
“Domesticated” means animals owned which are commonly or historically adapted to man’s use or pleasure.
“Identification” means a collar and tag, brand, tattoo, or other mark or means which makes ownership of the animal ascertainable.
“Kennel” means any premises used for breeding, buying, selling, keeping or boarding five or more dogs over the age of six months, whether for profit or not.
“Livestock” includes, but is not limited to, domestic animals such as horses, cattle, sheep, goats, pigs, chickens, ducks and other such animals normally considered farm animals, whether kept for profit or not.
“Major kennel or cattery” means an establishment or place other than an animal or veterinary hospital, where more than 18 dogs or cats over six months of age are housed, groomed, bred, boarded, trained and/or sold, for more than a 24-hour period.
“Mayor” means the Mayor of the City of Houston.
“Minor kennel or cattery” means an establishment or place other than an animal or veterinary hospital, where more than five but less than 18 dogs or cats over six months of age are housed, groomed, bred, boarded, trained and/or sold, for more than a 24-hour period.
“Neutered dog or cat” means any male dog or cat rendered incapable of reproduction by surgical operation.
“Own” means to have, keep, possess, harbor, take care of, have custody of or control over any animal.
“Owner” means any person, group of persons, association or corporation owning, keeping, taking care of, having custody of, having control over, or harboring any animal or animals.
“Restraint” means either:
1. Actual physical control, such as a leash, chain, fence or building;
2. Competent voice control while actively engaged in an organized activity which requires that an animal not be physically restrained, or in a form of recognized hunting which requires the use of an animal such as a retriever;
3. The condition of an animal when on the property of its owner, in visual contact with the owner, and obedient to the owner’s command.
“Running at large” means an animal is not under restraint.
“Sanitary” means free from bacteria, parasites, waste, filth or other elements in amounts which would endanger the health or welfare of an animal.
“Spayed dog or cat” means any female which has had a surgical ovariohysterectomy to prevent conception.
“Wild” refers to a type of animal which generally lives in its original and natural state and is not domesticated, or animals which are classified as wild under state law. (Ord. 04-06 § 4, 2004)
6.04.020 Jurisdiction.
The City has jurisdiction over domestic and domesticated animals including canid hybrids. The City does not have jurisdiction over the following animals:
A. Wild animals;
B. Game animals, the taking or possession of which is regulated by the state or federal government. (Ord. 08-02 § 4, 2008)
6.04.030 Animal or livestock annoyances.
It is unlawful for an animal or livestock to interfere with the sleep, work or reasonable right to peace, safety, or privacy of a person. Violation of this provision is an infraction. (Ord. 05-11 § 3, 2005; Ord. 12-17 § 4, 2012)
6.04.040 Sanitary enclosures.
It is unlawful for any person to own any animal unless all structures, pens and yards, and areas in which the animal is kept, are maintained in a sanitary condition. Violation of this provision is an infraction.
6.04.050 Diseased animals.
It is unlawful to own any animal infected with a contagious or pestilential disease, except when the animal is confined and isolated from other animals or under the care of a licensed veterinarian. Violation of this provision is an infraction.
6.04.060 Animals in public places.
It is unlawful to tie, stake or fasten any animal within any highway, street, alley or public place within the City, or so that the animal has access to any portion of any highway, street, alley or public place therein; provided, that the Mayor or his or her designee may make exceptions in the case of an organized animal activity and similar temporary sporting or festive events. Violation of this provision is an infraction.
6.04.070 Restraint of animals.
A. All animals shall be continuously under restraint.
B. Livestock animals which are generally kept in a herd, flock or other grouping are subject to a single failure-to-restrain violation for the group.
C. No person shall release, without permission of the owner, any animal from restraint, except to preserve the animal’s life.
D. Violation of any provision of this section is an infraction.
6.04.080 Humane animal care.
Humane animal care includes, but is not limited to, providing:
A. Sufficient wholesome and nutritious food at least once daily which will keep the animal in healthy physical condition;
B. Sufficient daily quantities of fresh water which meet the hydration requirements for the animal;
C. Adequate shelter which provides adequate air and ventilation and which prevents the animal from being exposed to inclement or adverse weather conditions, overheating from sunlight, unsanitary conditions and dirty, wet and uncomfortable conditions which may endanger the health or welfare of the animal; and
D. Veterinary care when needed to treat the animal for sickness or disease, or to prevent suffering of the animal. (Prior code § 6.20.010)
6.04.090 Cruelty to animals.
A. No person shall intentionally injure or kill an animal unless:
1. The act committed is done humanely in conformity with applicable federal, state or City law;
2. The act is necessary to defend a human being or an animal from attack.
B. No person shall intentionally or recklessly wound, injure, torment, poison, provoke, otherwise abuse or unnecessarily overwork an animal, or procure, or attempt any of such acts.
C. No owner shall fail to provide humane animal care or abandon an animal by failing to provide humane animal care.
D. No person shall throw or deposit any poisonous substance on any exposed public or private place where it may endanger any animal.
E. No person shall intentionally abandon, harass, torture or kill an animal, or encourage an animal to fight with another animal for sport, training or entertainment.
F. A person shall not intentionally capture a domestic or domesticated animal with any type of trap that physically harms the animal, including, but not limited to, steel jaw traps, snares and spring traps, except an authorized City, borough, state or federal employee or agent.
G. Acts in violation of this section constitute cruelty to animals. Cruelty to animals is an infraction.
H. Persons convicted of cruelty to animals shall forfeit all rights and interests, if any, in the animal(s). (Prior code § 6.20.020)
6.04.100 Protective custody.
A. An animal may be taken into protective custody by the City if the Chief Animal Control Officer makes a determination, in writing, that an animal is either:
1. Not humanely cared for by the owner; or
2. Is being cruelly treated by any person.
A licensed veterinarian, to determine the animal’s physical condition, shall examine all animals taken into protective custody.
B. Animals taken into protective custody may be held for a period not to exceed 15 days. In the event the animal is a service animal it may be held for a longer period. The Chief of Animal Control will make all decisions on this issue. In the event the Chief is absent, the decision will be made by the Animal Control Administrator.
C. The Chief Animal Control Officer may release an animal taken into protective custody to the owner contingent upon conditions in a written release order.
1. If an owner refuses to redeem an animal under the conditions of a written release order or violates the conditions of a written release order, the animal is subject to forfeiture to the City upon a hearing before the Chief Animal Control Officer.
2. The owner may appeal the forfeiture as set forth in Chapter 6.08 HMC.
D. A person whose animal is taken into protective custody shall be responsible for all reasonably incurred fees, costs and expenses, including, but not limited to, impoundment fees and veterinary costs associated with the City’s custody, care or maintenance of the animal. Violation of this provision is an infraction.
E. The Chief Animal Control officer may, for good cause, waive a portion of the fees, expenses or costs and may enter into a payment schedule agreement with an owner.
F. Animals taken into protective custody because of a determination by the Chief Animal Control Officer that the animal was cruelly treated, may remain in protective custody at the Chief Animal Control Officer’s discretion, until final disposition of the case. (Ord. 05-07 § 4, 2005)
6.04.110 Live animal traps.
A. Intentional capture of domestic and domesticated animals by trap is prohibited, unless a live animal trap issued by the City (or an agency authorized by contract with the City) is used.
B. A person who is issued a live animal trap by the City (or an agency authorized by contract with the City) for the purposes of capture and control of unrestrained domestic and domesticated animals shall check the trap at least twice every 24 hours to determine whether an animal has been trapped.
C. A person shall provide humane animal care for any animal captured.
D. A person shall release the animal without unreasonable delay to the Animal Control Office or an Animal Control Officer or the owner, as set forth in subsection (E) of this section.
E. No person shall release an animal caught in the live animal trap to anyone other than an Animal Control Officer or to an owner without first receiving permission from the Animal Control Office.
F. Violation of any provision of this section is an infraction.
6.04.120 Severability.
Should any provision of this title or its application be held invalid, the remainder of its provisions shall not be affected.