§ 8-28. Cruelty to animals

(a) It shall be unlawful for any person to willfully or maliciously strike, beat, abuse or intentionally run down with a vehicle any animal, or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death to such animal, except that reasonable force may be used to drive away vicious or trespassing animals and the owner may humanely kill his animal.

(b) A person commits an offense if he intentionally harasses, terrorizes, wounds, harms, maims, cripples or causes to be harassed, terrorized, wounded, harmed, maimed or crippled any animal or fowl in the city with the exception of those of the class Reptilia or rats and other rodents not protected by state law and the owner may humanely kill his animal. This includes torturing, seriously overworking, abandoning, depriving of necessary food, water, care, or shelter, cruelly confining, or causing or permitting to fight or combat with another animal or a human being.

(c) No person, except a licensed veterinarian for humanitarian purposes shall administer poison to any animal, or knowingly leave any poisonous substance of any kind or ground glass in any place with the intent to injure any animal. The provisions of this section are not applicable to licensed exterminators using poisons as part of a pest control program, or the use of commercial insecticides and rodent baits used to control insects and wild rodents.

(d) If an animal control officer or peace officer who has responsibility for animal control in the city has reason to believe that an animal has been or is being cruelly treated, the officer may apply to the municipal court or to a justice court or magistrate in the county for a warrant to seize the animal. On showing of probable cause to believe that the animal has been or is being cruelly treated, the court or magistrate shall issue a warrant to seize the animal immediately and shall set a time within ten calendar days of issuance of the warrant for a hearing in that court to determine whether the animal has been cruelly treated. The officer executing the warrant shall cause the animal to be impounded and shall give written notice to the owner of the animal of the time and place of the hearing. The hearing and any appeal shall be conducted according to the requirements of the Texas Health and Safety Code §§ 821.023—821.025, and any amendments thereto.

(Ord. No. 2009, § 4-8, 2-18-2009)