Chapter 6.10
Offenses Relating to Animals
Sections:
6.10.010 Definitions relating to dogs.
6.10.020 Dogs as public nuisances.
6.10.040 Dogs must be on leash.
6.10.050 Feeding nondomesticated animals.
6.10.010 Definitions relating to dogs.
Unless the context otherwise indicates:
“Dog” shall mean a male or female dog, including a dog which has been neutered or spayed and a puppy.
“Immediate control” means on a leash or in the vicinity of, and under the complete verbal command of, the keeper.
“Keeper” shall mean any person or persons, firm, association or corporation who is responsible for or harboring a dog.
“Leash” shall mean a leash, cord, chain, rope or other such physical restraint.
“Running at large” shall mean a dog that is off the premises of the keeper of the dog and not under the immediate control of the keeper.
“Unreasonable noise” shall mean barking, whimpering or other noise that a typical person would find disturbing because of its volume, duration or frequency. [Ord. 753, 2015.]
6.10.020 Dogs as public nuisances.
No keeper shall permit a dog to be a public nuisance. A dog shall be considered a public nuisance if it:
A. Bites, injures or causes injury to a person or other animal;
B. Chases or threatens vehicles or persons;
C. Damages or destroys property of persons other than the keeper of the dog;
D. Scatters garbage;
E. Trespasses on private property;
F. Disturbs any person by causing unreasonable noise;
G. Is found to be running at large;
H. Is rabid;
I. Defecates on public or private property other than the keeper of the dog and the excrement is not immediately removed and properly disposed of; or
J. Causes an unsanitary condition to exist on the premises of the keeper which causes odors, attracts flies or is otherwise a hazard to public health and safety, or interferes with the comfortable enjoyment of life or property by neighbors or other persons.
Except in a situation where a dog has caused injury to a person or another animal, or damage to property, a citation shall not be issued without first notifying the keeper of the violation and allowing an opportunity to correct the violation. [Ord. 753, 2015.]
6.10.030 Animal waste.
A. No person shall permit or allow to accumulate or remain in, on, or about any yard, lot, place, or premises owned or resided in by such person any dead animals, or the refuse or offensive part of any dead animals, or any animal waste or excrement; nor shall such person suffer such yard, lot, place, or premises, to be or remain in such condition as to cause or create excessive, unacceptable noise or offensive smell or atmosphere or thereby to become, cause or create a public nuisance.
B. No owner shall permit any dead animal or part thereof to remain upon a street or public place, or private property, for a period of time longer than is reasonably necessary to remove or dispose of such dead animal or part thereof. [Ord. 753, 2015.]
6.10.040 Dogs must be on leash.
It shall be unlawful for any person to take any dog within the boundaries of any municipal park or City-owned right-of-way in the City of Brownsville without it being confined by a leash, unless an off-leash area is duly posted and recognized by the City.
The Animal Officer or Sheriff’s deputy may seize and impound any animal causing a public nuisance, and a violation of this section is hereby declared a public nuisance. [Ord. 753, 2015.]
6.10.050 Feeding nondomesticated animals.
A. Purpose. The purpose of this section is to protect the health and safety of residents in the City of Brownsville with respect to potential dangers and nuisances associated with nondomesticated animals by minimizing opportunities for such animals to obtain food from sources controlled or controllable by humans.
B. Definitions.
1. “Attractant” means any substance which could reasonably be expected to attract nondomesticated animals, including, but not limited to, garbage, food products, pet food, carcasses, feed, and grain.
2. “Feeding” means the leaving of food of any kind where it is accessible to nondomesticated animals.
3. “Food” means all substances consumed by humans or animals for nourishment except grass and other vegetation, growing crops, and food that is canned or stored in sealed or closable containers.
C. Prohibitions.
1. No person shall knowingly feed or in any manner provide an attractant to nondomesticated animals; provided, that domestic pets are not attractants, and feeding pets outdoors does not create an attractant if the pet eats all the food immediately, or the remaining food is removed as soon as the pet stops eating, or the pet is fed in a secure cage or other enclosure.
2. No person shall knowingly leave, store, or maintain any food or attractant in a manner, area, or location accessible to other nondomesticated animals.
D. Exceptions.
1. Food for birds or squirrels that is in a feeder located within 20 feet of a residence or property line.
2. Outdoor feeding of farm animals, provided: (a) animal food, when not being fed to animals, is stored in a building or a closed container; (b) excessive amounts of food, based on the animals’ eating history, are not provided to the animals; (c) injured, old, feeble, or prey-sized animals are not left out unattended; and (d) all other reasonable efforts are made to reduce attractants to nondomesticated animals.
E. Enforcement.
1. This section shall be enforced by the police and/or animal control officers of the City of Brownsville or the City Administrator or designee.
2. A written notification may be issued by the City Administrator or designee requiring and directing the person in violation to remove the food or other attractant within two days of notification. The City may post the property using normal procedures. The City may also contact the property owner or the “person in charge of property” as found in BMC 8.30.010 and hand deliver the notice.
3. A person receiving a written notification under subsection (E)(2) of this section shall remove the food or other attractant as directed within two days of notification. If the attractant is not removed, the City shall cite the responsible party into court by any means necessary.
4. Violations of this section are punishable by a civil penalty of not more than $50.00 for each day of violation. Each day’s violation shall constitute a separate offense. [Ord. 773, 2018.]
6.10.060 Farm animals.
A. Permitted.
1. Fowl, poultry and rabbits must be properly penned and/or contained and are allowed within the City limits.
2. Minimum acreage for farm animals shall be one acre for each horse, mule, donkey, bovine, llama, alpaca or goat.
3. Sheep shall be an administrative review.
4. Bees shall be an administrative review.
5. Roosters shall be an administrative review.
B. Prohibitions.
1. Peacocks are not permitted in City limits.
2. Swine/pigs are not permitted in City limits.
3. Exotic animals are not permitted outdoors in City limits. [Ord. 775, 2018.]