Chapter 6. Animals and Fowl

All duties and responsibilities herein provided and mandated for the city manager may be delegated or assigned either directly or indirectly by the city manager to any person employed or appointed by the City of Bellaire to carry out such functions.

The owner of an animal or fowl shall be any person who actually has the right of control, the right to sell and otherwise deal with the animal or fowl, or, if such person is a minor, then the natural or legal guardian of said minor. If any animal or fowl shall make its home upon any property within the city limits of the City of Bellaire, or shall have been provided food or shelter, and no person claims to be the owner of said animal or fowl, said animal or fowl shall be deemed to be the property of any adult resident, inhabitant or person in possession of the property or improvements thereon located where such animal or fowl makes its home.

Unless otherwise specifically provided herein, the owner shall be obligated to comply with all of the terms and provisions of this Code, and may be prosecuted for any actions or conduct of any animals which are owned, possessed or permitted to remain on property and improvements owned or controlled by the owner, in violation of this Code.

It shall be unlawful for any person to keep any animal, mammal, bird or any other creature within the city limits of the City of Bellaire which shall cause frequent, long continued, excessive or unusual noise which is audible by persons on adjoining property or public rights-of-way and which disturb the comfort or repose of persons of ordinary temper, sensibility or disposition.

It shall be unlawful for any person to keep or maintain upon any property within the city limits of the City of Bellaire in excess of six hives of bees.

A person commits an offense if he intentionally or knowingly:

(a) Tortures or seriously overworks an animal;

(b) Fails unreasonably to provide necessary food, care, or shelter for an animal in his custody;

(c) Abandons without placing in the custody of others an animal in his custody;

(d) Transports or confines an animal in a cruel manner;

(e) Kills, injures, or administers poison to any animal, although, it shall be a defense to prosecution hereunder if a person practicing veterinary medicine destroys an animal in accordance with appropriate veterinary practice; or

(f) Causes one animal to fight with another.

The following terms, words and phrases, as used in this chapter, are defined as hereinafter set out, unless specifically provided to the contrary herein:

Animal shall mean any living creature of whatever genus or species.

Cat shall mean the domestic mammal felis catus commonly found in the environs of the city.

Dangerous wild animal shall have the identical meaning as that set forth in V.T.C.A., Health and Safety Code § 822.104.

Dog shall mean the domestic mammal canis familiaris commonly found in the environs of the city.

Dog at large shall mean a dog not confined within the owner's premises, owner's fence, or under the control of the owner or keeper or his agent by means of a leash, chain, rope or cord not more than ten feet in length, and of sufficient strength to control the conduct of the dog.

Humane officer shall mean the person appointed as city humane officer of the city or his authorized representative.

Inoculated shall mean an injection of a type of rabies vaccine approved by the state veterinarian and applied by a veterinarian licensed under state law.

Wild animal shall mean and include any mammal, amphibian, reptile or fowl which is of a species which is wild by nature, and of a species which, due to size, vicious nature or other characteristics, is dangerous to human beings. Such animals shall include, but not be limited to, lions, tigers, leopards, panthers, bears, wolves, raccoons, skunks, apes, gorillas, monkeys, foxes, elephants, rhinoceroses, alligators, crocodiles and all forms of poisonous reptiles. The term "wild animal" as used in this Code shall not include gerbils, hamsters, guinea pigs, mice or rabbits.

Any person denied a dog license shall have the right to file a written appeal with the city manager of the City of Bellaire within ten days from the date of receipt of notice of such denial or suspension of a permit or license.

In the event of an emergency termination where no notice is given, then within a period of ten days subsequent to the notification that termination has occurred, a written appeal may be taken to the city council of the City of Bellaire by filing a request with the city clerk within the time specified.

Such written appeal shall specify in full such reasons, allegations or statements relied upon by the appellant as a basis for such appeal.

It shall be the duty of the owner or keeper of any animal in the city requiring inoculation under regularly accepted veterinary practices to have such animal inoculated at least once a year against rabies by a veterinarian licensed to practice in the State of Texas. Each animal, where practicable, so inoculated shall wear a tag affixed to its collar at all times showing it has been inoculated and the date thereof. This provision shall be directly applicable to dogs and cats and other animals requiring inoculation under regularly accepted veterinary practices. The owner or possessor of any animal shall provide reasonable proof of rabies vaccination upon request of the chief of police or city manager. It shall be an offense punishable by a fine of not more than $200.00 for the owner of any animal, including dogs and cats, to keep an animal within the City of Bellaire that requires inoculation for rabies without having in the possession of the owner a certification issued by a registered doctor of veterinary medicine evidencing rabies inoculation within the last one year period.

No license shall be issued under the provisions of this chapter in the absence of a certificate showing that the animal sought to be licensed has been inoculated, as required by this section.

It shall be the duty of every citizen of the city who is the owner or possessor of a dangerous or vicious animal or who has knowledge of the likely dangerous or vicious propensities of an animal, to keep such animal muzzled, or under confinement or restraint within a house or garage, or upon a leash or chain strong enough to restrain such animal and prevent such animal from running loose. The city manager may at any time specify conditions for the maintenance of a dangerous or vicious animal within the city or may order the removal of such animal as hereinafter required.

Any person may file a complaint with the City of Bellaire by affidavit, alleging circumstances which tend to imply that an animal is of dangerous inclination or propensity. Upon receipt of such affidavit, the city manager shall cause an investigation to be made upon such allegations and if found to be credible, shall take appropriate action as herein provided for the destruction and/or removal of such dangerous animal.

The city manager may designate a qualified person to be the humane officer who shall be responsible for the enforcement of the provisions of this Code and may, when justified, issue citations or take other appropriate action hereunder.

Any person who has knowledge of any animal who is or demonstrates vicious or dangerous propensities may, upon application to the clerk of the municipal court, cause written notice to be given by said clerk to the owner of such animal, such notice to be mailed to the owner by registered or certified mail, return receipt requested. A copy of such letter, with the receipt showing delivery, shall be prima facie evidence that the owner of such animal has notice of the vicious or dangerous propensity of such animal. The city manager may cause an investigation to be made of such complaint and may, under such circumstances as deemed appropriate, require the removal of any animal of a vicious or dangerous propensity from the City of Bellaire.

Any owner of an animal shall be required to keep the premises on which such animal is kept or housed in a clean and sanitary condition. All droppings shall be removed at regular intervals and disposed of in a sanitary manner, which shall be daily or more frequently if necessary.

No offensive odors or noises shall disturb the peace and tranquility of persons of ordinary sensibilities who reside in proximity to the place or location where an animal is kept or housed. The owner or person keeping the animal shall construct and/or maintain such facilities as are necessary to ensure the maintenance of the health, safety and well-being of the citizens, residents and inhabitants of the City of Bellaire.

The owner of any animal, or any person shall upon the request of the chief of police, the city manager or their designee, permit access to the premises on which such animal is kept, in order that a reasonable inspection can be made to determine whether or not such animal is being kept and housed in accordance with the terms and provisions of this Code and whether other requirements of law have been met.

In addition, such inspections may occur for the purposes of determining whether or not additional restrictions, conditions, limitations or requirements shall reasonably be imposed as a condition for the maintenance or habitation of any animal within the City of Bellaire. Failure to permit an inspection upon reasonable notice shall be deemed to be a violation of this Code. No advance notice of inspections shall be necessary when there exists a condition which is likely to adversely affect the health, safety and well-being of the residents, citizens and inhabitants of the City of Bellaire. In the event any person shall restrict or refuse to permit inspections, the city manager may cause the issuance of such court orders and/or administrative decrees as shall be necessary to secure the required inspections.

The keeping or maintenance of a wild animal within the City of Bellaire without the express consent of the city manager and under such conditions as may be established by the city manager is prohibited.

No more than four dogs and/or cats over the age of four months shall be kept on their owner's premises within the city limits of the City of Bellaire, nor shall any person keep, house, feed, breed or maintain four dogs or cats over the age of four months, at any time, within the City of Bellaire, without having obtained a permit to increase number as hereinafter provided.

The city manager, under such procedures as shall be from time to time established, may issue permits for the keeping of numbers of dogs and/or cats in excess of the maximum as herein provided. The city manager, however, shall not issue a permit unless there appears, as demonstrated by the application of the person requesting the permit, such conditions or circumstances reasonably necessitating the maintenance of dogs and/or cats in the numbers sought. The city manager shall investigate the application and may, in his discretion, issue or deny the requested permit. The city manager shall specify conditions, limitations and restrictions in the permit.

(a) License required. All dogs over the age of four months kept, harbored, or maintained by their owners in the City of Bellaire shall be licensed and registered annually. In addition, animals which are kept by owners outside the city limits of the City of Bellaire, but regularly come within the city limits of the City of Bellaire, shall also be licensed and registered annually.

A dog license shall be issued by the city without fee. The owner shall provide at the time the application is made for such license, upon printed forms as provided for such purpose, his name, address and telephone number, and the name, breed, color, sex and rabies inoculation date and tag number of each dog owned or kept by him.

All owners seeking to license animals hereunder shall also provide such additional information as shall be required by the city manager. In addition, the city manager is authorized either before or after the issuance of a license to request additional information at any time concerning the animal, the premises wherein it is to be kept, and conditions in which the animal is to be kept.

(b) When applied for. A license shall be applied for within 30 days after the dog has been inoculated, or within 30 days after the dog reaches four months, or within 30 days after a dog is newly acquired or brought into the city or permitted to come into the city, whichever event occurs first.

(c) Temporary resident exception. The provisions of this section do not apply to dogs whose owners are persons who reside temporarily within the city limits of the City of Bellaire for a period not to exceed two weeks, nor to dogs brought into the city for the purposes of participating in any dog show, nor to "seeing-eye" dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purposes of aiding them in going from place to place. The city manager may at any time require licensing of any dog if deemed necessary for the protection of the health, safety and well-being of the residents, citizens and inhabitants of the City of Bellaire.

Upon compliance with the requirements for the issuance of a permit, a pre-struck license identification tag shall be issued. The tag shall have stamped thereon the year for which it was issued and the number corresponding with the number on the dog license certificate. Each owner shall be required to provide each dog in the owner's possession or under the owner's control with a collar to which the city license tag and inoculation tag must be affixed, and the owner shall be required to require that the collar and tags are constantly worn, affixed or attached to the dog.

In the event any dog shall lose a dog tag, or the owner of such dog should permit a dog tag to be lost or destroyed, a duplicate of the dog tag will be issued upon request of the owner of the dog.

Dog tags shall not be transferable from one dog to another.

Except in Lafayette Park where posted and so designated, it shall be unlawful for the owner of any dog or dogs to permit said dog or dogs to be at large upon the streets, alleys or public grounds of the city, or upon the premises of any person not the owner of such dog, unless such dog is under the control of the owner or keeper or his agent by means of a leash, chain, rope or cord not more than ten feet in length and of sufficient strength to control the conduct of the dog.

This section shall not be applicable wherein a dog is engaged in an obedience school, dog show, or similar activity under the direct supervision of the owner of such dog or at such times when the owner of such dog is showing or exhibiting such dog in a recognized show or exhibition.

(Ord. No. 04-045, § 2(6-42), 7-12-2004)

It shall be the responsibility of each owner or person in possession of a dog, while in the course of exercising or walking the dog, to pick up, remove, and properly dispose of all droppings left on public property, rights-of-way, or on the property of another person without that person's consent.

(Ord. No. 97-013, 3-7-1997)

(a) Feeding of cats on public property. It shall be unlawful for any person to feed, whether by leaving food for or otherwise, any cat on public property, including without limitation, on any property owned in fee simple or controlled by the city as an easement or public right-of-way.

(b) Feeding of cats on private property. It shall be unlawful for any person, other than the owner of the property, to feed, whether by leaving food for or otherwise, any cat on private property without the written consent of the owner of the property.

(c) Affirmative defense. It shall be an affirmative defense to prosecution under subsection (a) of this section that the person feeding a cat on public property is only placing food within a working trap and such trap has been placed on public property with the written permission of the city manager.

(Ord. No. 10-079, § 1(App. A), 11-15-2010)

This article and sections 6-51 through 6-75 shall not apply to small birds such as parakeets, finches, and canaries, guinea pigs, hamsters, gerbils, white mice, rabbits or such other animals as shall be declared exempt from the terms and provisions of this article by the city manager.

In addition, the city manager is authorized to temporarily remove from this exemption such small pets if facts and circumstances existing from time to time make it necessary and desirable for the health, safety and well-being of the residents, citizens and inhabitants of the City of Bellaire.

All animals maintained within the city limits of the City of Bellaire shall be examined by a doctor of veterinary medicine at any time there exists a reasonable basis to suspect such animal is ill, diseased or likely to become diseased or ill.

The city manager may require such examination as a condition to the maintenance or keeping any animal within the City of Bellaire.

It shall be a violation of this Code for any owner to knowingly keep or maintain a sick or diseased animal.

The chief of police of the City of Bellaire and the city manager of the City of Bellaire are hereby authorized at any time to seize any wild animal found to be within the city limits of the City of Bellaire in violation of this article or any other provisions of this Code and to impound the same at such location as shall be deemed desirable and necessary.

The chief of police and city manager are authorized to enter any building within the city, or to enter upon any unfenced lot, tract, or parcel of land, for the purposes of seizing any animal which is housed, kept, maintained or otherwise located therein, found in violation of the terms and provisions of this Code.

Failure of any person to comply with the terms and provisions of this section and to permit entry will constitute a separate violation of this Code for each time such refusal shall occur and further, such refusal shall be grounds for the issuance of a warrant by any magistrate authorized to issue warrants for the search of property or the seizure of property. However, no warrant shall be necessary if reasonable cause exists for a determination that a violation is occurring or will likely occur within the city limits of the City of Bellaire during such time that a warrant might be reasonably requested or sought.

No person seizing or attempting to seize an animal maintained in violation of this article shall at any time be liable for injuring or destruction of any animal, nor shall any person attempting to make a seizure be liable for any reasonable or necessary destruction of private property in order to seize, confine or remove an animal maintained in violation of the terms and provisions of this article.

The provisions of this article shall be applicable to the impoundment of all animals.

All animals impounded shall be held at such location as designated by the chief of police or the city manager at the owner's expense, and all impoundment fees which shall include the cost of capture, cost of transportation, medical care and housing of such animal shall be paid by the owner of said animal prior to the return of impounded animal to the lawful owner. In addition, the city manager or the chief of police may require inoculations.

If any owner shall fail to pay the required impoundment fees and other fees as herein provided, no animal so impounded shall be returned to such owner, unless specifically authorized by the city manager of the City of Bellaire, and the City of Bellaire shall have the right to commence such proceedings as shall be necessary in a court of competent jurisdiction in order to recover all such costs incurred.

The chief of police is hereby authorized to seize and impound, subject to the provisions of this article, all animals found within this city in violation of the provisions of this chapter, whether or not such animal shall be in the immediate presence of its owner or custodian.

The poundmaster, upon impounding or receiving any animal, shall make a complete registry of such animal, entering the breed (if known), color and sex of the animal, whether the animal has been vaccinated, and the time and place of taking such animal into custody.

The city manager of the City of Bellaire is directed and authorized to establish from time to time a schedule of fees, charges and expenses assessed for impoundment which shall include, but not be limited to, such costs incurred by the city in the capture of the animal, transportation of the animal, cost incurred during the time the animal was impounded, and such other costs and expenses as shall be from time to time incurred during the term of the impoundment, including veterinarian and other expenses reasonably incurred.

Upon a showing by clear and convincing proof of the right of possession of an animal impounded under the terms and provisions of this chapter, any person may redeem the impounded animal within three days of the date of impoundment upon payment of all costs incurred by the city in seizing, caring for and maintaining such animal, provided:

(1) That such animal is not infected or believed to be infected with rabies or any other disease; and

(2) That such person submits to the City of Bellaire a sworn affidavit stating that the animal will be kept outside of the city limits of the City of Bellaire; or

(3) That such person has secured a permit duly issued by the city manager permitting said animal to be kept within the City of Bellaire.

If such animal is not redeemed within three days of the date of initial impoundment, the city manager is hereby authorized to offer such animal to publicly owned zoos. If such animal is not accepted by a zoo within the period of time deemed reasonable by the city manager, which in any case shall not be less than three days from the date of initial impoundment, the animal may be destroyed.

The city manager may at any time provide for a period of impoundment greater than specified herein if the same is deemed necessary for the preservation of the health, safety and well-being of the community.

Any owner of any impounded domesticated animal which has not been vaccinated or inoculated against diseases as required by this chapter, upon satisfactory proof of ownership, may redeem the animal.

Prior to the release of the animal, such animal shall be vaccinated for rabies and such other communicable diseases as shall be deemed necessary and desirable by the chief of police of the City of Bellaire in order to protect the health, safety and well-being of the residents, citizens and inhabitants of the City of Bellaire.

If the owner of any animal impounded under this article shall fail to redeem his animal within the time allowed for redemption, any other person subject to the approval of the city manager may, upon complying with all provisions of this article, redeem the animal from the pound and be the lawful owner of the animal thereafter.

The City of Bellaire shall at no time ever incur liability because of the impoundment of any animal. In the event of loss, destruction, illness, deformity or other injury to an animal subject to impoundment at any time during the tenure of impoundment, such loss shall be the loss of the owner.

The city council of the City of Bellaire specifically finds and declares that the establishment of rules for impoundment is in the direct discharge of their governmental obligations and functions as provided for under the laws of the State of Texas.

Hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this article, except where expressly stated.

It shall be the duty of every licensed veterinarian conducting business within the City of Bellaire or treating an animal believed to be housed either temporarily or permanently within the City of Bellaire, to report to the city manager any animal considered to be a rabies suspect.

It shall be the duty of every physician or other medical practitioner, conducting business within the City of Bellaire and/or treating a person who resides either permanently or temporarily within the City of Bellaire, to report to the city manager the names and addresses of persons treated for bites inflicted by animals together with such other information as will be helpful in rabies control.

It shall be the duty of any owner upon demand by the city manager to forthwith surrender any animal which has bitten any person, or which is suspected as having been exposed to rabies, for supervised quarantine, the expense of which shall be borne by the owner. Said animal may be reclaimed by the owner, if it is free of rabies, upon payment of the costs incurred by the City of Bellaire.

Any animal which bites or scratches a person or which otherwise gives symptoms of having rabies shall immediately be reported to the city manager, and it shall be the duty of such owner to securely quarantine and restrict such animal for such period of time as shall be directed by the city manager. The conditions of quarantine shall further be specified, and it shall be the duty of the owner or keeper of said animal to comply with the conditions of such quarantine.

In the event the quarantine shall not be permitted to occur upon the premises of the owner, the owner shall be required to deliver such animal to such person or location as shall be reasonably required for the purposes of keeping the animal in quarantine. The cost of quarantine, as well as any other costs incurred in the capture, housing or transportation of a quarantined animal shall solely be at the expense of the owner. The owner shall be required to pay such cost to the City of Bellaire.

If the owner shall fail to pay the cost incurred, the city shall have the right to bring a suit in a court of competent jurisdiction to recover such cost.

The city manager, in the event of suspected or diagnosed rabies, shall have the power and authority to impose a quarantine within a designated area and within such period of time as shall be determined. Upon the invoking of such quarantine, no animal shall be taken into the streets, or permitted to be in the streets, during the period of quarantine, and no animal may be taken or shipped from the city without permission of the city manager.

During the area-wide quarantine period and as long thereafter as he decides it is necessary to prevent the spread of rabies, the city manager may require that all animals, four months of age or older, shall be vaccinated against rabies. All vaccinated animals shall be restricted (leashing or confinement on enclosed premises) for 30 days after vaccination. During the quarantine period, the city manager is hereby empowered to provide for a program of mass immunization by the establishment of temporary emergency canine rabies vaccination clinics strategically located through the area impacted.

No animal which has been impounded by reason of its being a stray, unclaimed by its owner, shall be allowed to be adopted from any animal shelter during the period of rabies emergency quarantine, except by special authorization of the city manager.

(a) Animals bitten by a known rabid animal may be immediately destroyed by the owner or by the order of the city manager.

(b) Not currently vaccinated animals which have been bitten or directly exposed by physical contact with a rabid animal or its fresh tissues shall be:

(1) Humanely killed; or

(2) If sufficient justification for preserving the animal exists, the exposed animal shall be immediately vaccinated against rabies, placed in strict isolation for 90 days, and given booster vaccinations during the third and eighth weeks of isolation. For young animals, additional vaccinations may be necessary to ensure that the animal receives at least two vaccinations at or after the age prescribed by the United States Department of Agriculture for the vaccine administered.

(c) Currently vaccinated animals which have been bitten or otherwise significantly exposed to a rabid animal shall be:

(1) Humanely killed; or

(2) If sufficient justification for preserving the animal exists, the exposed vaccinated animal shall be given a booster rabies vaccination immediately and placed in strict isolation for 45 days.

(d) These provisions apply only to domestic animals for which an approved rabies vaccine is available.

(e) In situations where none of the requirements of this section are applicable, the recommendations contained in the latest edition of the publication titled The Compendium of Animal Rabies Control, published by the National Association of State Public Health Veterinarians, should be followed.

No person shall kill, or cause to be killed, any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, nor remove such animal from the city limits. Any animal suspected of having been exposed to rabies or an animal biting a human shall be reported to the city manager or a doctor of veterinary medicine.

When rabies has been diagnosed in an animal under quarantine or rabies is suspected by a licensed veterinarian, and the animal dies while under such observation, the owner of that animal shall have no claim for the return of the animal carcass, but the same shall be disposed of as directed by the city manager.

The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the city manager.

Any person who shall fail or refuse to comply with the request or requirements imposed by an animal control officer, designated by the city manager of the City of Bellaire, shall be deemed to be in violation of the terms and provisions of this Code and shall be punished by fine to the maximum extent as provided for by law.

Any person who shall violate any provisions of this chapter or fail to comply therewith shall be punished by fine to the maximum extent provided for by law.