§ 6.009. Inhumane treatment of animals.

(a)

An animal control officer, or a licensed peace officer shall utilize the authority granted by federal, state and local laws to lawfully seize and impound any animal if the investigating; animal control officer or police officer has reason to believe that an animal has been, or is being cruelly treated, pending a hearing before any justice of the peace or any municipal court judge on the issues of cruelty and disposition of the animal. Seizure of the subject animal prior to receiving a warrant is hereby authorized if a delay in seizure might endanger the life or wellbeing of the animal, or if it would unreasonably prolong the suffering of the animal needing immediate attention.

(b)

Animals shall be cared for, treated, maintained, and transported in a humane manner and not in violation of any provision of law, including federal, state, and local laws, ordinances, and administrative rules.

(c)

In addition, a person commits an offense if with reckless intent:

(1)

A person, other than a licensed veterinarian, docks an animal's tail or removes dew claws of a puppy over five days of age, or crops an animal's ears of any age;

(2)

A person physically removes from its mother by selling, giving away, delivering, trading, or bartering any dog, cat, ferret, or rabbit less than six weeks old or any other animal that is not yet weaned, except as advised by a licensed veterinarian;

(3)

A person dyes or colors chicks, ducks or rabbits;

(4)

A person sells, gives away, delivers, trades or barters chickens, ducks, or rabbits within two weeks prior to Christmas or Easter;

(5)

A person abandons or dumps any animal, or leaves an animal in a dwelling that has had no running water or electricity for a period of 24 hours or more;

(6)

A person overdrives, overloads, drives when overloaded or overworks any animal;

(7)

A person tortures, cruelly beats, mutilates, clubs. shoots or attempts to shoot with any air rifle, bow and arrow, slingshot, or firearm, or by any other means needlessly kills or injures any animal, wild or owned, within the city limits;

(8)

A person forces, allows, or permits any animal to remain in its own filth;

(9)

A person keeps, shelters or harbors any animal having a potentially life-threatening infestation of ticks, fleas, or other parasites, any other obvious life threatening illness, or injury, or any other communicable illness transmissible to animal or human without having sought and obtained proper treatment from a licensed veterinarian for such infestation or illness;

(10)

A person causes an animal to fight another animal or person;

(11)

A person fails to provide. at all times, their animal with adequate food and potable water, proper shelter and protection from inclement weather, and veterinary care when needed to prevent suffering;

(12)

A person raises or kills a doe or cat for the skin or fur;

(13)

A person mutilates any animal, whether such animal is dead or alive (medical or veterinary medical research, medical or veterinary medical necropsy, and biology class use of animals shall not be considered mutilation);

(14)

A person attaches a collar or harness to an animal that is of an inadequate size so that it restricts the animal's growth or causes damage to the animal's skin;

(15)

A person engages or allows another to engage in any sexual act with an animal;

(16)

A person allows a stray animal to remain on their property without notifying the city animal services facility of such act within 24 hours;

(17)

A person who owns or is in control of an animal permits such animal to be at large within the City of San Marcos;

(18)

A person breeds or causes to be bred. any animal within the public view;

(19)

A person creates, maintains, permits or causes a public nuisance, as defined in this chapter;

(20)

A person owns, keeps, harbors, or possesses horses, cattle, or other livestock in any manner that is a violation of this chapter;

(21)

A person fails to publish the person's animal dealer or animal establishment permit number in any advertisement offering an animal for sale.

(d)

This section shall not be interpreted to restrict the extermination of rats, mice, insects, other vermin, or any such animal deemed a nuisance by state law, through the use of traps, poisons, or other commercially available means when used in accordance with the manufacturer's directions as long as reasonable precautions are taken to ensure that no human, pet, or wild animal, other than the targeted species. comes into contact with the traps, poisons, or other means and that such use does not violate any other section of this chapter.

(e)

This section shall not be interpreted to restrict rodeos, 4H Clubs, or FFA Club activities and operations.

(Ord. No. 2008-62, § 3, 12-18-08; Ord. No. 2009-19, § 2, 3-31-09)