Chapter 8 - ANIMALS

FOOTNOTE(S):

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State Law reference— Health and safety of animals, V.T.C.A., Health and Safety Code § 821.001 et seq.; Type A municipalities may prohibit animals running at large, V.T.C.A., Local Government Code § 215.026; subchapter of state law does not preempt municipal regulation of dangerous wild animals, V.T.C.A., Health and Safety Code § 822.116. (Back)

Sec. 8-1. - Definitions. 

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

Adequate Shelter means a clean and sturdy structure:

(1) That allows the dog protection from rain. hail. sleet. snow, and subfreezing temperatures; and subfreezing temperatures;and

(2) With dimensions that allow the dog while in the shelter to stand erect, sit, tum around, and lie down in a normal position.

Animal means any living creature, including but not limited to, mammals, reptiles, fish, fowl, and birds, but excluding human beings.

Animal holding facility means any facility used by the city to house or keep animals. This facility may be either a public or private facility.

Collar means a band of constructed nylon, leather, or similar material, specifically designed to be placed around the neck of a dog.

Dangerous animal means any nonhuman primate, skunk, raccoon, jaguar, leopard, lynx, tiger, lion, ocelot, bobcat, cheetah, mountain lion, wildcat, panther, bear, wolf, coyote, fox, poisonous reptile, or any wild animal capable of or inclined to do serious bodily harm to humans or other animals, or any hybrid of a dangerous animal.

Electronic Training Collars means a collar used chieflv on a dog that typically delivers a mild shock or sometimes a vibration or sound upon receiving a signal from a remote transmitter and is used specifically to train a dog to respond to commands. stop unwanted behaviors.

Fence means to enclose with a fence.

Fighting animal means any dog, rooster, or other animal that has been trained, used, exhibited, purchased, sold, or kept for the purpose of fighting with another animal.

Harness means a set of straps constructed of nylon, leather, or similar material, specificalJy designed to restrain or control a dog.

Livestock means cattle, horses, mules, donkeys, goats, sheep, and swine.

Menacing conduct means growling, snarling, snapping, charging, or any other threat display employed by the species of animal, or any other conduct that would lead a reasonable person to be apprehensive that an attack by the animal is imminent.

Neglect an animal means to fail to provide appropriate food, water, shelter, and veterinary care for the animal.

Own means to possess, harbor, keep, give food, water, or shelter, or own any animal, or to permit an animal to remain on premises subject to that person's ownership, custody, possession, or control.

Owner means any person who owns, or who has custody or control of a dog as defined herein, an animal.

Properlv Fitted means, with respect to al collar or harness. A collar or harness that;

(1) Is appropriately sized for the dog based on the dog's measurements and weight;

(2) Does not choke the dog or impede the dog' s normal breathing or swallowing; and

(3) Is attached around the dog in a manner that does not allow for escape and does not cause pain or injury to the dog.

Restraint means a tether, length ofrope. chain. leash. cable. lead or other material use d to control an animal so that the animal may not roam at will, or run at large.

Running at large means the going upon public or private property, other than the property of the owner of the animal, by an animal without the owner or person in charge thereof having direct, clearly effective, physical control over the animal.

(a) Not complete ly confined by a building, wall, fence or other enclosure of sufficient strength, or construction to restrain the animal confined thereby. to the premises of the owner. An electronic or invisible fence shall not be considered a fence or other enclosure of sufficient strength or construction to restrain the animal confined thereby in compliance with this section.

(b) Not completely restrained by a leash or tether sufficiently strong to prevent the animal from escaping and which restricts the animal to the owner's premises in such a manner that it shall not have access to within ten feet of any sidewalk or ent:ly to the home or any mail box at the home.

Spay means surgery performed on female animals in which the ovaries and uterus are removed, preventing an animal from having estrus (heat) cycles and eliminating the ability to become pregnant.

Stray animal means an animal running at large, not on a leash, the owner of which is unknown to the person enforcing this chapter concerning said animal.

Unaltered dog or cat means a dog or cat that has not been spayed or neutered.

Unreasonable noise means and shall include continued barking for long periods of time, or repeated barking, but the term "unreasonable noise" is not restricted to barking.

Veterinarian means any person who is duly licensed to practice as a doctor of veterinary medicine by the licensing authority of any one or more of the 50 United States or the District of Columbia, provided that such person is acting within the course and scope of his license and practicing in a state or district in which such license is recognized for the practice of veterinary medicine.

Vicious animal means a member of any species of animal or any individual animal that has a dangerous disposition likely to be harmful to humans or other animals. The term vicious animal shall include but is not limited to any animal that molests, threatens, attacks, or bites any person, vehicle, or other animal.

(Ord. No. 97-03, § 1, 5-20-1997; Ord. No. 97-25, § 1, 12-4-1997)

Sec. 8-2. - Findings of fact.

The city council finds that the keeping, harboring, or possession of any animal in violation of this chapter constitutes a nuisance that endangers the people of the city and their property, disturbs the peace, impairs the use and enjoyment of public and private property, and impairs the value and marketability of public and private property.

(Ord. No. 97-03, § 2, 5-20-1997)

Sec. 8-3. - Nuisance animals.

The keeping, harboring, or possession of any of the following animals is hereby found and declared to be a nuisance:

(1) Any animal that molests, threatens, attacks, or bites any person, vehicle, or other animal, without deliberate provocation;

(2) Any animal that damages private or public property that does not belong to the owner of the animal;

(3) Any animal that makes unreasonable noise or noise that would be offensive to a reasonable person, that can be heard in a public place or on private property not owned, possessed, or controlled by the owner of the animal;

(4) Any vicious animal;

(5) Any dangerous animal;

(6) Any livestock running at large;

(7) Any dog or cat over six months old running at large that is not wearing a current, valid rabies vaccination tag;

(8) Any abandoned animal;

(9) Any stray animal;

(10) Any fighting animal;

(11) Any animal that is kept in such a way as to produce a foul odor that would be offensive to a reasonable person and that can be smelled on public property or on private property not owned, possessed, or controlled by the owner of the animal;

(12) Any neglected animal;

(13) Any animal treated by its owner in a manner that includes the elements of the offense of cruelty to animals;

(14) Any animal that is in violation of this chapter or that is kept, harbored, or possessed in violation of this chapter;

(Ord. No. 97-03, § 3(1—14), 5-20-1997; Ord. No. 97-25, § 3, 12-4-1997)

Sec. 8-4. - Additional animal nuisances.

The following are also found and declared to be nuisances: 

(1) The neglect of an animal by its owner;

(2) Cruelty to an animal;

(3) The abandonment of an animal by its owner;

(4) The release of any confined animal without the consent of its owner; and

(5) Any violation of this chapter.

(Ord. No. 97-03, §§ 3(1—4), 4, 5-20-1997)

Sec. 8-5. - Prohibition of nuisances.

(a) No person shall commit a nuisance as declared in this chapter.

(b) No person shall permit any animal owned by that person to be a nuisance as declared in this chapter.

(c) No person shall own any animal that is a nuisance as declared in this chapter.

(Ord. No. 97-03, § 5, 5-20-1997)

Sec. 8-6. - Vicious animals.

An officer enforcing this chapter shall treat an animal as a vicious animal under this chapter if:

(1) The officer observes that animal displaying vicious conduct or menacing conduct, and the animal is not confined in a way that prevents it from escaping and prevents it from harming people and property.

(2) Any officer of the city receives an affidavit or sworn complaint stating that the animal has displayed vicious conduct or menacing conduct, and stating:

a. Where, when, and how such conduct occurred;

b. A description of the animal; and

c. If known, the name and address of the owner.

(3) The officer enforcing this chapter has reasonable grounds to believe that affidavit or complaint.

(Ord. No. 97-03, § 6, 5-20-1997)

Sec. 8-7. - Confinement, impoundment, burial and destruction of animals.

(a) As authorized in this section, any officer enforcing this chapter may confine, impound, or destroy any animal that violates this chapter or that is being kept, harbored, owned, or possessed in violation of this chapter.

(b) The officer shall notify the owner of the animal to confine or remove the animal or to take such other action as necessary to cure the violation, if:

(1) The owner is known to the officer;

(2) The owner is available to receive such notice; and

(3) In the officer's discretion, it is not reasonably necessary for the officer to immediately confine, impound, or destroy the animal in order to protect the safety or property of any person.

(c) The officer may immediately confine, impound, or destroy the animal without first notifying the owner as provided in subsection (b) of this section if:

(1) The owner is not known to the officer;

(2) The owner is not available to receive such notice; or

(3) The officer believes, in his discretion, that such action is reasonably necessary to protect the safety or property of any person.

(d) The officer may confine, impound, or destroy the animal, if the owner has not complied with the notice provided by subsection (b) of this section.

(e) The officer shall not destroy an animal under subsection (b), (c), or (d) of this section, if in the officer's discretion, confinement, or impoundment can be accomplished without risk to the safety or property of any person.

(f) Any officer enforcing this chapter may, in his discretion, select the place of impoundment of an animal in violation of this chapter or being kept in violation of this chapter, unless the city council has designated such place or places.

(g) Upon impounding an animal, an officer enforcing this chapter shall:

(1) Notify the owner of the animal of such impoundment; and

(2) File a report with the police department of the city, which shall keep the report for 30 days. The report shall include a description of the animal, where and when it was picked up, the name and address of the owner, if known, and a description of the violation.

(h) The owner of an impounded animal may reclaim possession of the animal only by paying all fees required by this chapter and by registering the animal. If the animal has not yet received its required vaccination(s), then the owner may reclaim possession of the animal only upon vaccination(s) by the city or the city's provider, if offered, or by providing proof of a pre-paid rabies vaccination certificate from a licensed veterinarian, with the agreement that the animal be in full compliance with this chapter within five days.

(i) An impounded animal shall be kept for a period of 72 hours. If an animal has not been reclaimed by its owner within 72 hours, the animal shall be released to another person as provided in subsection (j) of this section or shall be destroyed.

(j) In lieu of destruction, an officer enforcing this chapter, may in his sole discretion release the animal to a person who:

(1) Agrees to keep the animal in compliance with all law;

(2) Demonstrates to the officer's reasonable satisfaction that the person has the ability and any and all equipment necessary to keep the animal in compliance with all law; and

(3) Pays all fees required by this chapter.

(k) There is hereby levied upon any person to whom an impounded animal is released:

(1) A fixed pound fee of $25.00;

(2) A charge of $5.00 for any portion of a day; plus

(3) An amount equal to any expenses actually incurred by the city in excess of the foregoing fees, for the capture, impoundment, care, and maintenance of any animal impounded under the terms of this chapter.

All fees shall be received by the animal control officer or his designee. Any person receiving fees paid for impoundment of an animal shall deliver the same to the city resource manager, who shall deposit said fees in the animal control fund, for the improvement of the animal control. In addition, if the animal is impounded with a veterinarian, the person redeeming the animal shall pay all the actual charges of the veterinarian.

(l) When an animal is found dead along public thoroughfares, including the right-of-way or common areas, and is determined to be a hazard to public safety and/or health, the owner of said animal will be notified and made responsible for immediate, within one day, removal and burial. If the animal is not removed by the owner, the city will remove and bury the remains and assess fees of $50.00 for small animals and $100.00 for large animals. If ownership of the animal cannot be determined, city assets will be dispatched to remove and dispose of the remains by the most expeditious means. On a case-by-case basis, city assets may also be used for removal of animal remains from property when ownership of the animal cannot be determined and the animal is not connected with the property where found. The fees previously established will apply and be assessed to the owner of the animal if and when ownership is established.

(Ord. No. 97-03, § 7, 5-20-1997; Ord. No. 97-25, § 3, 12-4-1997; Ord. No. 2011-O-18, § 1, 10-11-2011)

Sec. 8-8. - Rabies.

(a) Any dog or cat older than three months of age that is not wearing a valid, current rabies vaccination tag is hereby found and declared to be a nuisance and in violation of this chapter.

(b) No person shall keep, harbor, or possess a dog or cat older than three months of age without a valid, current rabies vaccination and the city collar tag worn on a collar by the animal.

(c) No person shall fail to keep accurate records of the rabies vaccinations of any dog or cat older than three months of age that is owned by such person. No person shall fail to permit an officer enforcing this chapter to examine such records on request.

(d) Any animal that bites or scratches a person and that is not wearing a valid, current rabies vaccination tag shall be impounded. Such animal shall remain impounded for observation for ten days and shall not be destroyed or released within that time. If the animal dies while impounded, then it shall be tested for rabies. If the animal does not die within ten days of impoundment, and if a veterinarian certifies that it does not have rabies, then it is subject to reclamation, release, or destruction as provided in section 8-7. However, it may not be reclaimed or released without receiving a rabies vaccination at the expense of the person receiving the animal.

(e) No person shall fail to keep accurate records of the rabies vaccinations of any dog or cat over six months old that is owned by such person. No person shall fail to permit an officer enforcing this chapter to examine such records on request.

(Ord. No. 97-03, § 8, 5-20-1997; Ord. No. 97-25, § 4, 12-4-1997)

State law reference— Rabies control, V.T.C.A., Health and Safety Code § 826.001 et seq.; vaccination required, 25 Tex. Admin. Code § 169.29.

Sec. 8-9. - Registration fee.

The owner of a dog or cat older than three months of age shall have the animal registered through the city police department, and renew said registration annually. The cost of registration for each animal shall be $2.00 for a neutered/spayed animal and $5.00 for any other animal. The owner shall show the following in order to register an animal:

(1) A current certificate of rabies vaccine;

(2) The address, name of owner and telephone number of the owner; and

(3) A description of the animal.

(Ord. No. 97-03, § 9, 5-20-1997; Ord. No. 97-25, § 5, 12-4-1997)

Sec. 8-10. - Enforcement.

Any police officer or code enforcement officer of the city may enforce this chapter.

(Ord. No. 97-03, § 10, 5-20-1997)

Sec. 8-11. - Penalty.

Any person who violates this chapter shall be punished by a fine of not more than $500.00 plus any cost; provided however that for any violation governing public health and sanitation, the fine may not exceed $2,000.00. Each day or any part thereof that said violation occurs or continues shall constitute a separate offense.

(Ord. No. 97-03, § 11, 5-20-1997)

Sec. 8-12. - Animal shelter advisory committee.

(a) There is hereby established an animal shelter advisory committee.

(b) The committee shall consist of four members and be composed of at least one licensed veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter (operator), and one representative from an animal welfare organization.

(c) The members shall be appointed by the city council and shall serve two-year terms.

(d) Three members shall constitute a quorum. The affirmative vote of three members (the majority of the committee) is required for any action of the committee.

(e) The committee shall meet at least three times a year.

(f) Appointments to fill vacancies shall be made by the city council and in every case shall be for the unexpired term only of the member whose position has been vacated.

(g) The committee shall act in an advisory capacity to the city council, city manager, and relevant departments and entities of the City of Manvel in animal shelter matters. Specifically, the committee shall be empowered to do any or all of the following:

(1) Act in an advisory capacity in all matters pertaining to animal shelters within the city and assist animal shelters located in the city to comply with V.T.C.A., Texas Health and Safety Code ch. 823;

(2) Make recommendations to the city council and city manager on animal shelter standards and operations within the city;

(3) With proper authorization from the city council, seek grants and sponsorships for animal shelter operations and activities from public and private sources and donors;

(4) Review the safety records of animal shelter operations based on safety inspections and reports;

(5) Perform any other duties or tasks as may be assigned by the city council.

(Ord. No. 2015-O-16, § 1, 4-27-2015)

Sec. 8-13. - Chaining and Tethering Prohibitions.

Staking. Tying or Tethering

(a) An owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to:

                 1. adequate shelter:

                 2. an area that allows the dos to avoid standing water;

                 3. shade from direct sunlight; and

                 4. potable water.

(b) An owner may not restrain a dog outside and unattended by use of a restraint that;

                   1. is a chain;

                    2. has weights attached;

                    3. is shorter in length than the greater of:

                            a. five times the length of the dog, as measured from the tip of the dog s nose to the                                    base of the dog's tail, or:

                            b. 10 feet

                   4. is not attached to a properly fitted volar or harness; or 

                   5. causes pain or injury to the dog.

                            (c) A person commits an offense if the person knowingly violates this section. The                                         restraint of each dog that is in violation is a separate offense.

Sec 8-14 - Exceptions

(a) It is an exception to the application to this section that:

                     1. The owner uses a restraint on the dog in a public camping or recreational area in compliance with                              the requirements of the public camping or recreational area as defined by a federal. state. or local                              authority or jurisdiction:

                      2. The ownei- uses a restraint on the dog while the owner and dog engage in. or actively train for an                              activity conducted under a valid license issued by the state provided the activity is associated with                              the use or presence of a dog;

                      3. The owner uses a restraint on the dog while the owner and dog engage in conduct directly related                              to the business of shepherding or herding cattle or livestock;

                      4. The owner uses a restraint on the dog while the owner and dog engage in conduct directly related                               to the business of cultivating agricultural products;

                      5. The owner leaves the dog unattended in an open-air truck bed only for the time necessary for the                              owner to complete a temporarv task that requires the dog to be left unattended in the truck bed.

                      6. The owner uses a restraint on the do!! while the owner and dog are engaged in, or actively training                             for. hunting or field trialing.

(b) Section 8-13 does not apply to a restrnint attached to a trolley system that allows a dog to move along a running line for a distance equal to or greater that the lengths specified under that subdivision.

(c) This subchapter does not prohibit a person from walking a dog with a handheld leash.

Sec. 8-15.-- Running at Large Prohibited

(a) An owner of an animal shall ensure that such animal does not mn at large in violation of this chapter.

(b) It shall be unlawful for any person owning, keeping or having any animal in their possession or control to allow it to run at large.

(c) The provisions of this section shall not apply if:

            (1) The animal is under physical restraint by the owner;

            (2) The animal is participating in obedience training or competition, dog shows, field trails or                          performing acts such as herding under the control and supervision of an owner.

            (3) The animal has an electronic training collar affixed to the body. Electronic training collars are                    an acceptable means of meeting the aforementioned Code requirement in city parks and                          designated dog parks, if the animal is at all times responsive to the owner's command;                              however. such training collars are unacceptable in citv parks when organized activities or                        sporting events are underway.

(d) Each time an animal runs at large in violation of this section shall be a violation. Each violation shall be considered a separate punishable offense

Sec. 8-16. - Animal waste removal.

(a) It shall be unlawful for any person to fail to immediately remove and dispose of. in a sanitary manner, feces left by a dog being handled bv that person on property, public or private, other than the premises of the owner or handler of such dog.

(b) It shall be unlawful for any person to walk a dog on public property or the private property of someone other than the owner or handler of such dog without having in their possession a container or other instrument suitable for the removal and disposal of the dog's feces in a sanitary manner.

(c) This section shall not, however apply to handicapped persons using guide dogs or to peace officers while using animals in the discharge of emergency law enforcement activities."

The Manvel Police Department has a temporary holding shelter located at the Police Department.  If the owner of an impounded animal is not located, the animal is then transferred to Alvin Adoption Center. 

Manvel Police Department

6615 North Masters Road Manvel Texas

281-489-1212

Alvin Adoption Center

550 Hwy 6, Alvin Texas 77511.

281-3884331

Southern Brazoria County Animal Shelter

115 Canna Lane

Lake Jackson Texas 77566

To see animal welfare locations in the greater Houston area click on the link below.

Animal Welfare

TWRC Wildlife Center    

Wildlife Center of Texas    

TPWD: Wildlife Rehabilitators     

SPCA Houston

Gulf Coast Wildlife Rescue

TPWD Wiuldlife Rehabilitators Brazoria County