Animal Links

Animal Control - Rules and Regulations

Below are the rules and regulations governing pets within the City of Tye. These rules and regulations were taken from the City of Tye Animal Control Ordinance and highlight the most common rules and regulations pertaining to pets. If you own a pet or are thinking about getting a pet, please ensure you read over these rules and regulations to ensure you are compling with the city ordinance. For additional rules and regulations, please visit the City Ordinance site, located on the home page, or contact City Hall at 325-692-8588.

Sec. 2.01.002 - Offense; penalty

Any person who fails to comply with any of the provisions of this chapter commits an offense. Except as provided by applicable law, an offense is a class C misdemeanor. Upon conviction, a fine of not less than one dollar ($1.00) or more than two thousand dollars ($2,000.00) [shall be levied]. Each day of a violation shall be deemed a separate and complete offense. (Ordinance O-08-06, sec. 4, adopted 9/16/08)

Sec. 2.01.004 - Interference with animal control officer(s) while performing duties

A person commits an offense if the person intentionally or with criminal negligence, interrupts, disrupts, impedes, or otherwise interferes with an animal control officer performing any duty or exercising any authority imposed or granted by this chapter or applicable law pertaining to animals. The phrase “with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with” shall have the same meaning as in section 38.15 of the Texas Penal Code and the decisions interpreting said law. An offense under this section is a class B misdemeanor. (Ordinance O-08-06, sec. 3, adopted 9/16/08)

Sec. 2.01.010 - Kennels

A person commits an offense if the person owns, leases, keeps, possesses, or maintains a kennel which does not meet the following requirements:

(1) Kennels shall be operated only in commercial 2 “C2” or light industrial “LI” zones; or in open agriculture “AO” or heavy industrial “HI” zones with a special permit issued by the city’s animal control division.

(2) Kennels shall be more than three hundred (300) feet from any residence or habitation for human beings (other than the residence of the owner, lessor, keeper, or possessor of such kennel). The foregoing distance requirement shall be determined by measuring in a straight line between the two (2) closest points.

(3) No kennels shall be grandfathered in.

(Ordinance O-08-06, sec. 11, adopted 9/16/08)

Sec. 2.02.001 - Running at large; restraint

(a) A person commits an offense if the person in possession of any animal, including, but not limited to, a dog, cat, horse, mule, jack, jenny, cow, sheep, fowl, reptile, pig, or rabbit allows or permits the animal to run at large.

(b) A person in possession of a dog, cat, horse, mule, jack, jenny, cow, sheep, fowl, reptile, or pig commits an offense if such person does not restrain the dog, cat, horse, mule, jack, jenny, cow, sheep, fowl, reptile, pig, or rabbit by some physical means (fence, rope, leash or chain) at all times, on or off the premises of the person in possession thereof.

(c) A person in possession of an animal commits an offense if such person transports the animal in any open motor vehicle without securing the animal by a rope, leash, chain, carrier, or other device which will prevent the animal from escaping the vehicle or being ejected from the vehicle.

(d) The animal control officer(s) has the right to pursue and apprehend animals running at large onto private property while enforcing the provisions of this chapter. The animal control officer(s) is hereby empowered to enter upon private property for the purpose of ascertaining whether any animal present, kept, or harbored thereon/therein is afflicted with rabies; or whether or not a vaccination license and city tag has been secured for any dog or cat to ascertain compliance with this chapter.

(Ordinance O-08-06, sec. 5, adopted 9/16/08)

State law references–Animals at large, V.T.C.A., Local Government Code, sec. 215.026; restraint, impoundment and disposition of dogs and cats, V.T.C.A., Health and Safety Code, sec. 826.033.

Sec. 2.02.002 - Keeping livestock or fowl

(a) Livestock. A person commits an offense if the person is in possession of an animal lot or any livestock (as defined) which are not housed and maintained as follows:

  (1) Livestock must be housed or stabled in an open agriculture “AO” zone; or a light industrial “LI” or heavy industrial “HI” zone with a

  special permit issued by the city’s animal control division.

  (2) A minimum of 400 square feet shall be provided to each animal.

  (3) Such animal(s) must be fed and watered as required by section 2.06.001(a) of this chapter.

  (4) Such animal(s) must have access to shelter as required by section 2.06.001(b) of this chapter and such shelter shall be thoroughly

  cleaned on a daily basis.

  (5) The parcel of land and shelter where such animal(s) is/are kept shall not be nearer than 100 feet to any building occupied by any

  person, measured in a straight line at the two closest points.

  (6) A suitable method shall be provided to rapidly eliminate excess water from the parcel of land where the animal(s) is/are kept.

  (7) A suitable method to eliminate any other animal waste to minimize the harborage of vectors or odors and maintain the health and

  safety of any person or animal.

  (8) No animals shall be restrained, tethered, or staked to graze in any right-of-way or alley within the incorporated city limits.

  (9) No animals or livestock shall be grandfathered in.

(b) Fowl. A person commits an offense if the person in possession of any fowl which is not housed and maintained as follows:

  (1) Fowl must be housed or kept in an open agricultural “AO” zone; or a light industrial “LI” or a heavy industrial “HI” zone with a special

  permit issued by the city’s animal control division.

  (2) There must be at least ten (10) square feet of floor or ground area dedicated for each fowl.

  (3) The fowl must be fed and watered as required by section 2.06.001(a) of this chapter.

  (4) The fowl must have access to shelter as required by section 2.06.001(b) of this chapter and such shelter shall be thoroughly cleaned

  on a daily basis; and shall be no closer than 25 feet, measured in a straight line at the two closest points, to any building where people

  live.

  (5) The shelter or coop must be maintained and disinfected to discourage insects, flies, fleas, mites, or other vectors to maintain the

  health and safety of any person or animal.

  (6) No fowl shall be grandfathered in.

(Ordinance O-08-06, sec. 6, adopted 9/16/08)

State law reference–Authority of municipality to prohibit or otherwise regulate the keeping of livestock and swine, V.T.C.A., Local Government Code, sec. 215.026(b).

Sec. 2.02.003 - Noisy animals

Any animal that makes noise which unreasonably disturbs the public peace is hereby declared a public nuisance. At the discretion of the animal control officer(s), notice shall be given to the person in possession of an animal that makes noise which unreasonably disturbs the public peace. Such notice shall direct the person in possession of the animal to abate such disturbance by the animal and prevent its reoccurrence. A person who is given such notice commits an offense if the person fails to comply with the order and directive of the animal control officer(s) by abating the disturbance and its reoccurrence. (Ordinance O-08-06, sec. 8, adopted 9/16/08)

VACCINATION AND LICENSING OF DOGS AND CATS*

Sec. 2.03.001 - Required

Any person in possession of a dog or cat that is four (4) months or older shall:

(1) Have the dog or cat vaccinated against rabies not less often than every twelve (12) months.

(2) Present a certificate from a veterinarian certifying such vaccination to the animal control unit.

(3) Obtain a license for keeping the dog or cat in the city from the animal control unit.

(4) Renew the license annually, prior to its expiration.

(5) Dogs and cats must wear collars or harness with rabies and city license tags attached thereto at all times. A person commits an offense if they fail to comply with the provisions of this section.

(Ordinance O-08-06, sec. 9(a), adopted 9/16/08)

Sec. 2.03.002 - Criteria for the issuance

Any person who applies for a license (an “applicant”) must satisfy all of the following criteria before a license will be issued:

(1) Certificate of veterinarian. The applicant must present a written certificate from a veterinarian certifying that the dog or cat has been vaccinated against rabies within the twelve-month period preceding the date the certificate is presented.

(2) Written application. The applicant must complete a written application which will be prepared and revised from time to time, by the animal control officer(s) or his/her designee. Among other things, the application shall require the applicant to certify:

  (A) That the applicant is qualified for the issuance of a license (including the criteria regarding prior convictions and that no grounds for

  revocation exist);

  (B) The physical address and telephone number where the animal is being kept; and

  (C) That all information in the application is complete and accurate.

(3) No prior convictions of certain offenses or revocation of a license. The applicant shall not have been convicted of any offense under this chapter or any law relating to animals, protection of animals, or the keeping of dangerous animals, within one (1) year from the date the application is submitted nor shall the applicant have had a license revoked under this chapter within one (1) year from the date the application is submitted.

(4) No grounds for revocation of license exist. No facts or circumstances exist which would provide grounds for revocation of the license under this chapter, pursuant to section 2.03.004, at or prior to the time the license is issued.

(5) Payment of license fee. The applicant has paid the license fee then required by the city. The license fee shall be established by the animal control officer, from time to time, with the concurrence of the mayor.

(6) Competent adult. The applicant shall be a competent adult 18 years of age or older.

(Ordinance O-08-06, sec. 9(b), adopted 9/16/08)

Sec. 2.05.001 - Wild animals prohibited

A person commits an offense if the person keeps or harbors any wild animal or reptile. For the purposes of this chapter, a wild animal means a species, including each individual of a species, that normally lives in a state of nature and is not ordinarily domesticated; or which, because of its size, vicious nature and other characteristics, would constitute a danger to human life or property greater than posed by domestic livestock or other animals permitted under this chapter. Such creatures shall include, but are not limited to, all forms of poisonous reptiles, and nonpoisonous snakes which exceed a length of six (6) feet when mature, and nonhuman primates. Nonpoisonous snakes which will exceed six (6) feet in length when mature shall not be sold or imported within the city limits. Hamsters, gerbils, ferrets, guinea pigs, rats, mice, newts, and salamanders shall not be considered wild animals for the purposes of this chapter. (Ordinance O-08-06, sec. 19, adopted 9/16/08)

Sec. 2.05.035 - Hybrid animals

A person commits an offense if the person in possession of any hybrid animal, (any offspring of two animals of different species) other than a mule (in appropriate zones) within the city limits. No hybrids will be grandfathered in.

(Ordinance O-08-06, sec. 20, adopted 9/16/08)