§ 8-55. Unlawful restraint of dogs

(a) An owner or custodian of a dog shall not at any time leave the dog outside and unattended by use of an unlawful restraint as defined in section 8-2. It is not a defense to prosecution for violation of this provision that the owner or custodian of the dog lives in a residence that does not have a fenced yard, is unable to walk the dog due to disability or age, and the dog is left unattended and restrained by a method described in section 8-2 for more than 30 minutes for the purpose of relieving its bladder or bowels. In addition, no dog shall be kept in an enclosure that is less than 100 square feet for each dog confined within the enclosure.

(b) This section shall not apply to a business required to pay hotel/motel occupancy tax to the city as set out in sections 8-26 through 8-34, or to any person lodging in such a hotel or motel at the time the person restrains the dog on the premises of the hotel or motel. However, such businesses and lodgers must remain in compliance with state law, and any amendment thereto, concerning the restraint of dogs (Texas Health and Safety Code §§ 821.076—821.081). State law currently requires the following:

(1) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement (as defined in subsection (b)(2) of this section) between the hours of 10:00 p.m. and 6:00 a.m.; within 500 feet of the premises of a school; or in the case of extreme weather conditions, including conditions in which the actual or effective outdoor temperature is below 32 degrees Fahrenheit; a heat advisory has been issued by a local or state authority or jurisdiction; or a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service. This does not apply to a dog restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar; a dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction; a dog restrained for a reasonable period, not to exceed three hours in a 24-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained; a dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use or presence of a dog; a dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or a dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

(2) A restraint unreasonably limits a dog's movement if the restraint: uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; is a length shorter than the greater of 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 ten feet; is in an unsafe condition; or causes injury to the dog.

(3) A person commits an offense if the person knowingly violates these regulations. A peace officer or animal control officer who has probable cause to believe that an owner is violating these regulations shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner. A person commits an offense if the person is provided a statement described by this subsection and fails to comply with these regulations within 24 hours of the time the owner is provided the statement. An offense under this subsection is a class C misdemeanor. A person commits an offense if the person violates these regulations and previously has been convicted of an offense under these provisions, in which case the offense shall be a class B misdemeanor. If a person fails to comply with this chapter with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense. If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

(Ord. No. 2009, § 4-15, 2-18-2009)