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:

Animalmeans 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.

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.

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.

Leash means a tether, length of rope, lead or other material used to control an animal so that the animal may not roam at will, or run at large.

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, as defined herein, an animal.

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.

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;

(15) Any animal running at large; and

(16) Any animal roaming free and not enclosed by a fence or on a leash, tether, lead, or rope to control the animal's ability to roam.

(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 $200.00 plus any cost, as provided by law for each violation of this chapter. 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)

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