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Animal Protection
Section 3.101 Animals in motor vehicles.
Section 3.101.1 A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence leaves an animal unattended in any standing or parked vehicle in such a way as to endanger the animal’s physical health, safety or immediate welfare.
In the event that a person is found guilty of this offense, the Municipal Court shall, in addition to any fine and court costs assessed, assess any and all fees and expenses incurred pursuant to the provisions of Section 3.101.2 below.
Section 3.101.2 In the event that an animal is left unattended in any standing or parked vehicle in such a way as to endanger the animal’s physical health, safety or immediate welfare, an animal control officer or police officer shall make a reasonable attempt to locate the owner or person in control of the vehicle. In the event that the owner of the vehicle cannot be located after reasonable attempt, an animal control officer or police officer is authorized to use reasonable force and measures to remove the animal from the vehicle to secure the animal’s physical health and safety. An animal removed from a vehicle under these circumstances shall be taken to the Weatherford Parker County Animal Shelter, or to a veterinarian if the animal is determined to be in physical distress, and a written notice shall be attached to the vehicle by the animal control officer or police officer advising that of the telephone number and address of the location from which the animal may be claimed. The City of Weatherford shall have no responsibility for any damage sustained to a vehicle in the course of securing the safety of an animal under this section.
Section 3.101.3 A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence transports an animal in a motor vehicle, trailer or other conveyance in a cruel, inhumane or unsafe manner or fails to effectively and humanely restrain the animal so as to prevent the animal from jumping from or being thrown from the vehicle, trailer or other conveyance during its normal operation.
Section 3.102 Tethering of animals A person commits an offense if he tethers, chains or otherwise secures an animal by or under any of the following methods or circumstances:
Section 3.103.1 It is unlawful for a person to set, trigger, activate or otherwise use, or cause to be set, triggered, activated or used, any steel-jawed, leg-hold trap to capture an animal. It is unlawful for any person, other than an Animal Control Officer, Animal Control Technician, Animal Control Veterinary Technician, peace officer, or other individual specifically authorized by the Animal Control Authority, to set or otherwise use other trapping devices, including “live traps”, for the purpose of capturing any animal. Consistent with the provisions of this ordinance, the Animal Control Authority is authorized to utilize humane “live traps” and may conduct humane trapping operations and may also provide or authorize the use of humane trapping devices for use by persons within the City as may be necessary. Nothing in this provision is intended to prohibit the prudent use of traps on a person’s own property to control rodents.
Section 3.103.2 It is unlawful for a person to hunt, shoot, intentionally injure or kill any wild bird, animal, or mammal within the City. It is unlawful for any person to hunt, shoot, kill, intentionally injure or kill any domestic bird, animal, mammal, reptile or pet in the City which animal is not owned by such person. Nothing in this provision is intended to prohibit the destruction of poisonous snakes or to prohibit the Animal Control Authority from utilizing firearms in emergency field situations where such actions are authorized by law or policy. It is a defense to prosecution for the shooting of a domestic animal that the animal shot was a vicious animal which posed an immediate threat to personal or public safety or to the safety of livestock or a domestic pet or other domesticated animal.
It is an exception to prosecution that the person engaging in hunting is on property within the City upon which state law prohibits the City’s restriction of hunting rights and the hunter has a valid hunting license and is on the property with the property’s owner’s permission and with permission to engage in hunting.
Section 3.104 Animal fighting. A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence causes, instigates or permits an animal to fight with another animal or human or allows or otherwise permits to be used property that he owns or controls for the purpose of conducting fights between animals or between animals and humans. For purposes of this section, “animal” shall mean a domesticated living creature and a wild living creature previously captured.
It is a defense to prosecution under this section that the person caused a dog to fight with another dog in order to protect a person, livestock, or other property from the other dog and for no other purpose.
Section 3.105 Docking, cropping & dyeing. No person other than a licensed veterinarian may, with respect to animals other than livestock as defined in this ordinance, dock an animal’s tail; crop an animal’s ears; or remove dew claws of a puppy over five (5) days of age. no person may dye, color, stain, or otherwise artificially alter the color of any rabbit, chicken, duckling or other fowl, or, possess, for the purpose of sale or gift, any such animal which has been dyed, colored, stained or otherwise artificially altered in color.
Section 3.106 Use of poisonous substances. A person commits an offense if he administers a poisonous substance to an animal belonging to another without express authority of that other person or the owner’s effective consent for administration of the poisonous substance. A person commits an offense if he leaves exposed or accessible to domestic animals or persons any poisonous substance, whether mixed with food or otherwise.
Section 3.107 Abandonment. A person commits an offense if he abandons an animal in his custody.
Section 3.108 Cruel treatment.
Section 3.108.1 A person commits an offense if he beats, clubs, mutilates, torments, physically abuses, mentally abuses, overloads, overworks or otherwise harms or abuses an animal.
Section 3.108.2 A person commits an offense if he fails to provide for animals in his ownership or control at all times adequate food, potable water, appropriate shelter, protection from inclement weather conditions and veterinary care when required to prevent suffering.
Section 3.108.3 A person commits an offense if he owns, keeps, shelters, or harbors any animal having a potentially life-threatening infestation of fleas, ticks or other parasites; any obvious life threatening illness; or a communicable illness transmissible to other animals or humans, and fails to seek and obtain treatment for the animal from a licensed veterinarian for such infestation or illness.
Section 3.108.4 A person commits an offense if he kills a dog or cat for the skin or fur of the animal.
Section 3.108.5 A person commits an offense if he attaches a collar or harness to an animal that is of inadequate size for the animal such that it restricts the animal’s growth or causes damage to the animal’s skin.
Section 3.108.6 A person commits an offense if he engages or permits another person to engage in any sexual act with an animal.
Section 3.108.7 The Animal Control Authority shall have authority, in accord with the provisions of Chapter 821 of the Texas Health and Safety Code, to obtain a warrant for seizure and impoundment of any animal the subject of an investigation for cruel treatment as defined herein or as defined by Chapter 821 of the Texas Health and Safety Code, pending a hearing and order by the Judge of the Municipal Court or other court of competent jurisdiction regarding disposition of the animal. Procedures regarding the disposition of the animal(s) shall be in accord with the provisions of this ordinance and Chapter 821 of the Texas Health and Safety Code.
Section 3.109 Removing young from mother. Unless specifically authorized by permit issued by the Animal Control Authority, no person may physically remove from the mother any puppy, kitten, or ferret less than six (6) weeks of age for the purpose of offering same for sale, trade, barter or for giving same away for commercial purposes.
Section 3.110 Sale of animals in public places.
Section 3.110.1 Definition. In this section, the term “public place” shall mean any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways, public right-of way, sidewalks, open air markets, flea markets, trade days, parking areas and parking lots, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
Section 3.110.2 Offense. A person commits an offense if he sells; offers for sale; barters; trades; exchanges; or gives away an animal in a public place as defined herein.
Section 3.110.3 Exception. It is an exception to the provisions of Section 3.111.2 that the person or entity is an authorized animal shelter maintained by a governmental entity or recognized animal welfare organization and offers the animals for adoption at no profit. The Animal Control Authority is hereby authorized to enter onto premises utilized by any animal shelter or animal welfare organization for adoption of animals for the purpose of inspection of the premises for compliance with the provisions of this ordinance.
Section 3.110.4 Authority for removal of animal. The Animal Control Authority shall have authority to remove or cause to be removed from the premises on which the animal is offered for adoption any animal which, in the determination of the Animal Control Authority, poses a risk to the health or safety of the public or of other animals.
Section 3.111 Minimum requirements for pens & enclosures; sanitary requirements.
Section 3.111.1 Requirements for pens & enclosures. All pens, enclosures or cages used to confine animals shall be of sufficient size to maintain the animal(s) within in reasonable comfort and health. All pens, enclosures or cages used to confine animals shall provide protection from precipitation, inclement weather and extreme weather conditions and shall be adequately ventilated. In the event of cold temperatures, the pen, enclosure or cage must be sufficient to permit the animal to maintain its body heat.
Plastic shipping containers and/or pet carriers shall not be sufficient as outdoor animal enclosures or shelters.
The Animal Control Authority shall have authority to determine the adequacy of pens, cages and enclosures under this ordinance.
Section 3.111.2 Sanitary requirements. Owners of animals shall be required to maintain and keep all pens, cages, enclosures and fenced areas for animals in a sanitary condition which shall require, but not be limited to, the following:
Section 3.101.1 A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence leaves an animal unattended in any standing or parked vehicle in such a way as to endanger the animal’s physical health, safety or immediate welfare.
In the event that a person is found guilty of this offense, the Municipal Court shall, in addition to any fine and court costs assessed, assess any and all fees and expenses incurred pursuant to the provisions of Section 3.101.2 below.
Section 3.101.2 In the event that an animal is left unattended in any standing or parked vehicle in such a way as to endanger the animal’s physical health, safety or immediate welfare, an animal control officer or police officer shall make a reasonable attempt to locate the owner or person in control of the vehicle. In the event that the owner of the vehicle cannot be located after reasonable attempt, an animal control officer or police officer is authorized to use reasonable force and measures to remove the animal from the vehicle to secure the animal’s physical health and safety. An animal removed from a vehicle under these circumstances shall be taken to the Weatherford Parker County Animal Shelter, or to a veterinarian if the animal is determined to be in physical distress, and a written notice shall be attached to the vehicle by the animal control officer or police officer advising that of the telephone number and address of the location from which the animal may be claimed. The City of Weatherford shall have no responsibility for any damage sustained to a vehicle in the course of securing the safety of an animal under this section.
Section 3.101.3 A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence transports an animal in a motor vehicle, trailer or other conveyance in a cruel, inhumane or unsafe manner or fails to effectively and humanely restrain the animal so as to prevent the animal from jumping from or being thrown from the vehicle, trailer or other conveyance during its normal operation.
Section 3.102 Tethering of animals A person commits an offense if he tethers, chains or otherwise secures an animal by or under any of the following methods or circumstances:
- To tether an animal in such a way that it is capable of moving within 15 feet of any public right of way, park, or other public land, including sidewalks, or within five (5) feet of any privately or commercially owned property line when such tether or line is stretched to its full length;
- To tether any animal in such a manner as to cause the animal injury or pain or not to permit the animal to reach shelter, food and or water or otherwise create an unsafe or unhealthy situation;
- To tether any animal in such a manner as to permit the animal to leave the owner’s property;
- To tether any animal in a manner whereby the animal is subject to harassment, stings or bites from outdoor insects, or attacks by other animals;
- To tether any animal with a tether that is not equipped with swivel ends and which is not also attached to a pulley or a trolley;
- To tether any animal in such a manner that does not prevent the animal from becoming entangled with any obstruction, from partially or totally jumping any fence, or from leaving its owner’s property;
- To fail to remove waste from the area within which the animal is tethered on a reasonable basis so as to avoid a health hazard;
- To tether any animal without using a properly fitted collar or harness which prevents the tether from being directly wrapped around the animal’s neck;
- To tether with a choke-type collar of any sort;
- To use a tether which weighs more than 1/8 of the animal’s body weight.
Section 3.103.1 It is unlawful for a person to set, trigger, activate or otherwise use, or cause to be set, triggered, activated or used, any steel-jawed, leg-hold trap to capture an animal. It is unlawful for any person, other than an Animal Control Officer, Animal Control Technician, Animal Control Veterinary Technician, peace officer, or other individual specifically authorized by the Animal Control Authority, to set or otherwise use other trapping devices, including “live traps”, for the purpose of capturing any animal. Consistent with the provisions of this ordinance, the Animal Control Authority is authorized to utilize humane “live traps” and may conduct humane trapping operations and may also provide or authorize the use of humane trapping devices for use by persons within the City as may be necessary. Nothing in this provision is intended to prohibit the prudent use of traps on a person’s own property to control rodents.
Section 3.103.2 It is unlawful for a person to hunt, shoot, intentionally injure or kill any wild bird, animal, or mammal within the City. It is unlawful for any person to hunt, shoot, kill, intentionally injure or kill any domestic bird, animal, mammal, reptile or pet in the City which animal is not owned by such person. Nothing in this provision is intended to prohibit the destruction of poisonous snakes or to prohibit the Animal Control Authority from utilizing firearms in emergency field situations where such actions are authorized by law or policy. It is a defense to prosecution for the shooting of a domestic animal that the animal shot was a vicious animal which posed an immediate threat to personal or public safety or to the safety of livestock or a domestic pet or other domesticated animal.
It is an exception to prosecution that the person engaging in hunting is on property within the City upon which state law prohibits the City’s restriction of hunting rights and the hunter has a valid hunting license and is on the property with the property’s owner’s permission and with permission to engage in hunting.
Section 3.104 Animal fighting. A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence causes, instigates or permits an animal to fight with another animal or human or allows or otherwise permits to be used property that he owns or controls for the purpose of conducting fights between animals or between animals and humans. For purposes of this section, “animal” shall mean a domesticated living creature and a wild living creature previously captured.
It is a defense to prosecution under this section that the person caused a dog to fight with another dog in order to protect a person, livestock, or other property from the other dog and for no other purpose.
Section 3.105 Docking, cropping & dyeing. No person other than a licensed veterinarian may, with respect to animals other than livestock as defined in this ordinance, dock an animal’s tail; crop an animal’s ears; or remove dew claws of a puppy over five (5) days of age. no person may dye, color, stain, or otherwise artificially alter the color of any rabbit, chicken, duckling or other fowl, or, possess, for the purpose of sale or gift, any such animal which has been dyed, colored, stained or otherwise artificially altered in color.
Section 3.106 Use of poisonous substances. A person commits an offense if he administers a poisonous substance to an animal belonging to another without express authority of that other person or the owner’s effective consent for administration of the poisonous substance. A person commits an offense if he leaves exposed or accessible to domestic animals or persons any poisonous substance, whether mixed with food or otherwise.
Section 3.107 Abandonment. A person commits an offense if he abandons an animal in his custody.
Section 3.108 Cruel treatment.
Section 3.108.1 A person commits an offense if he beats, clubs, mutilates, torments, physically abuses, mentally abuses, overloads, overworks or otherwise harms or abuses an animal.
Section 3.108.2 A person commits an offense if he fails to provide for animals in his ownership or control at all times adequate food, potable water, appropriate shelter, protection from inclement weather conditions and veterinary care when required to prevent suffering.
Section 3.108.3 A person commits an offense if he owns, keeps, shelters, or harbors any animal having a potentially life-threatening infestation of fleas, ticks or other parasites; any obvious life threatening illness; or a communicable illness transmissible to other animals or humans, and fails to seek and obtain treatment for the animal from a licensed veterinarian for such infestation or illness.
Section 3.108.4 A person commits an offense if he kills a dog or cat for the skin or fur of the animal.
Section 3.108.5 A person commits an offense if he attaches a collar or harness to an animal that is of inadequate size for the animal such that it restricts the animal’s growth or causes damage to the animal’s skin.
Section 3.108.6 A person commits an offense if he engages or permits another person to engage in any sexual act with an animal.
Section 3.108.7 The Animal Control Authority shall have authority, in accord with the provisions of Chapter 821 of the Texas Health and Safety Code, to obtain a warrant for seizure and impoundment of any animal the subject of an investigation for cruel treatment as defined herein or as defined by Chapter 821 of the Texas Health and Safety Code, pending a hearing and order by the Judge of the Municipal Court or other court of competent jurisdiction regarding disposition of the animal. Procedures regarding the disposition of the animal(s) shall be in accord with the provisions of this ordinance and Chapter 821 of the Texas Health and Safety Code.
Section 3.109 Removing young from mother. Unless specifically authorized by permit issued by the Animal Control Authority, no person may physically remove from the mother any puppy, kitten, or ferret less than six (6) weeks of age for the purpose of offering same for sale, trade, barter or for giving same away for commercial purposes.
Section 3.110 Sale of animals in public places.
Section 3.110.1 Definition. In this section, the term “public place” shall mean any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways, public right-of way, sidewalks, open air markets, flea markets, trade days, parking areas and parking lots, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
Section 3.110.2 Offense. A person commits an offense if he sells; offers for sale; barters; trades; exchanges; or gives away an animal in a public place as defined herein.
Section 3.110.3 Exception. It is an exception to the provisions of Section 3.111.2 that the person or entity is an authorized animal shelter maintained by a governmental entity or recognized animal welfare organization and offers the animals for adoption at no profit. The Animal Control Authority is hereby authorized to enter onto premises utilized by any animal shelter or animal welfare organization for adoption of animals for the purpose of inspection of the premises for compliance with the provisions of this ordinance.
Section 3.110.4 Authority for removal of animal. The Animal Control Authority shall have authority to remove or cause to be removed from the premises on which the animal is offered for adoption any animal which, in the determination of the Animal Control Authority, poses a risk to the health or safety of the public or of other animals.
Section 3.111 Minimum requirements for pens & enclosures; sanitary requirements.
Section 3.111.1 Requirements for pens & enclosures. All pens, enclosures or cages used to confine animals shall be of sufficient size to maintain the animal(s) within in reasonable comfort and health. All pens, enclosures or cages used to confine animals shall provide protection from precipitation, inclement weather and extreme weather conditions and shall be adequately ventilated. In the event of cold temperatures, the pen, enclosure or cage must be sufficient to permit the animal to maintain its body heat.
Plastic shipping containers and/or pet carriers shall not be sufficient as outdoor animal enclosures or shelters.
The Animal Control Authority shall have authority to determine the adequacy of pens, cages and enclosures under this ordinance.
Section 3.111.2 Sanitary requirements. Owners of animals shall be required to maintain and keep all pens, cages, enclosures and fenced areas for animals in a sanitary condition which shall require, but not be limited to, the following:
- all animal waste shall be disposed of promptly and all pens and enclosures shall be cleaned as necessary to prevent odor, insects and vermin infestation or other nuisance;
- approved spray or other treatments shall be used at reasonable intervals as necessary to maintain the premises free of flies, mosquitoes, fleas, ticks or other insects;
- adequate food and water supply for the animal must be readily available to the animal in the enclosure or accessible in the area and must be maintained in a sanitary condition.