Code of Ordinances
Chapter 6. Animals
Rabies vaccination, registration, leash and nuisance rules, livestock and fowl in the city limits, impoundment, and goats on FM 1337.
History: Ord. No. 1976-012; recodified Ord. No. 2004-041; amended Ord. Nos. 2011-037, 2019-031, 2021-044
Sec. 6-1. Definitions.
In this chapter:
(1) Animal Services means the Animal Services unit of the Dongvile Constabulary, and includes any officer designated by the Chief Constable to enforce this chapter.
(2) At large means off the premises of the owner and not under restraint.
(3) Dangerous dog has the meaning assigned by Texas Health and Safety Code §822.041.
(4) Fowl means chickens, ducks, geese, turkeys, guineas, peafowl, and similar birds kept for eggs, meat, or show.
(5) Livestock means cattle, horses, mules, donkeys, sheep, goats, swine, llamas, alpacas, and similar animals customarily raised for agricultural purposes.
(6) Owner means a person who owns, keeps, or harbors an animal, has custody of it, or has fed it for three or more consecutive days.
(7) Restraint means that an animal is held by a leash not more than six feet long by a person capable of controlling it, or is confined in a vehicle, building, or secure enclosure.
Sec. 6-2. Administration.
Animal Services shall enforce this chapter, operate the City animal shelter, investigate animal bites, and keep records of registrations and impoundments. The Chief Constable is the local rabies control authority and the animal control authority for the City under state law.
Sec. 6-3. Rabies vaccination.
(a) The owner of a dog or cat 16 weeks of age or older shall have the animal vaccinated against rabies by a licensed veterinarian and shall keep the vaccination current, as required by Texas Health and Safety Code ch. 826.
(b) The owner shall show the certificate of vaccination to Animal Services on request.
(c) An animal that bites a person shall be quarantined as provided by state law.
Sec. 6-4. Registration.
(a) The owner of a dog or cat kept in the City shall register the animal with Animal Services each year. The fee is $5 for a spayed or neutered animal and $15 for an unaltered animal. No fee is charged for a service animal.
(b) The registration tag shall be worn on the animal’s collar or harness at all times, except while the animal is indoors.
Sec. 6-5. Animals at large.
(a) No owner shall permit a dog, livestock, or fowl to be at large.
(b) A dog is not at large while it is working livestock, or participating in a supervised obedience, herding, or hunting event, under the direct control of its owner.
Sec. 6-6. Impoundment; redemption.
(a) Animal Services may impound an animal that is at large, unvaccinated, unregistered, or kept in violation of this chapter.
(b) Animal Services shall make a reasonable effort to notify the owner of an impounded animal. An animal without identification shall be held at least three business days, and an animal with identification at least five days, before it is placed for adoption, transferred to a rescue organization, or otherwise disposed of in a humane manner.
(c) The owner may redeem an impounded animal by showing proof of ownership and current vaccination and paying the following fees:
| Fee | Dog or cat | Livestock |
|---|---|---|
| Impoundment, first in 12 months | $25 | $50 |
| Impoundment, second in 12 months | $50 | $100 |
| Impoundment, third or more in 12 months | $75 | $150 |
| Boarding, per day | $10 | $15 |
Sec. 6-7. Limit on number of dogs and cats.
No more than four dogs and cats, in any combination, older than four months may be kept at a dwelling unit in a residential district. This limit does not apply in the AG district, to a licensed veterinary clinic or kennel, or to a litter until the animals reach four months of age.
Sec. 6-8. Livestock within the city limits.
(a) Livestock may be kept in the AG district as a permitted use.
(b) Outside the AG district, livestock may be kept only on a lot of at least one acre, at a density not exceeding one animal unit per one-half acre. One horse, cow, mule, or donkey is one animal unit. Two sheep, goats, llamas, or alpacas are one animal unit. Swine shall not be kept outside the AG district except under subsection (d).
(c) A pen, stall, or barn for livestock shall be at least 50 feet from any dwelling other than the owner’s.
(d) A student enrolled in a 4-H or FFA program may keep one project animal on a residential lot under a permit issued by Animal Services without charge. The permit expires at the end of the show season or when the animal is sold, whichever occurs first.
(e) Livestock may be kept at the Brisket County Rodeo Grounds during the Brisket County Rodeo and other events sanctioned by the Brisket County Fair Association. A sheep used in mutton busting is livestock and not an amusement ride.
Sec. 6-9. Fowl.
(a) Not more than six hens may be kept on a lot in a residential district. Hens shall be kept in a coop or enclosed run located in the rear yard at least 25 feet from any dwelling other than the owner’s.
(b) Roosters shall not be kept outside the AG district. A chicken that crows is presumed to be a rooster.
(c) Ducks and geese may be kept only in the AG district or on a lot of at least one acre. Waterfowl in City parks are governed by Section 12-7.
Sec. 6-10. Nuisance animals.
No owner shall keep an animal that:
(1) barks, howls, crows, brays, or makes other noise continuously for 15 minutes, or intermittently for 30 minutes, so as to disturb a person of ordinary sensibilities in a nearby residence;
(2) damages the property of another person;
(3) chases vehicles, bicycles, or persons on a public way; or
(4) creates offensive odors or attracts flies or rodents because of unsanitary conditions.
Sec. 6-11. Dangerous dogs.
(a) Dangerous dog determinations, requirements, and appeals are governed by Texas Health and Safety Code ch. 822, subchapter D.
(b) The owner of a dangerous dog shall register the dog with Animal Services within 30 days after the determination and each year after that. The registration fee is $50.
Sec. 6-12. Animal waste.
The owner of an animal shall promptly remove and sanitarily dispose of excrement left by the animal on public property or on the private property of another person. This section does not apply to a person with a disability using a service animal, or to livestock in a parade authorized by the City if the parade sponsor completes cleanup within two hours after the parade ends.
Sec. 6-13. Cruelty; animals in vehicles.
(a) Cruelty to animals is prohibited as provided by Texas Penal Code §§42.09 and 42.092.
(b) No person shall leave an animal unattended in a parked vehicle under conditions that endanger its health.
Sec. 6-14. Goats on Farm-to-Market Road 1337.
(a) Findings. The City Council finds that a goat has repeatedly been observed on the traveled lanes and shoulders of Farm-to-Market Road 1337, which within the original town is Main Street; that the goat presents a hazard to motorists and to itself; and that its owner has not been identified.
(b) No owner shall permit a goat to be upon the right-of-way of FM 1337 within the city limits.
(c) On receiving a report, Animal Services shall remove the goat from the traveled lanes of FM 1337, notify the Texas Department of Transportation of any damaged right-of-way fencing, and impound the goat under Section 6-6 if its owner is not identified.
(d) Animal Services may consolidate all reports of a goat on FM 1337 received on the same day into a single service request.
(e) A goat impounded under this section and not redeemed within five days may be placed for adoption or with a 4-H or FFA program.
(f) Nothing in this section annexes any territory or establishes City ownership of any goat.
Sec. 6-15. Penalty.
A person who violates this chapter commits a Class C misdemeanor punishable by a fine not to exceed $500, as provided in Section 1-8. Each animal kept in violation of this chapter is a separate offense.