HomeMy WebLinkAboutOrd. 0528-11 20251110ORDINANCE NO. 528-11
An Ordinance of the City Council of the City of Pearland, Texas
amending Chapter 6, Animals and Fowl, of the City of Pearland Code
of Ordinances, as it may have been amended from time to time;
having a savings clause; severability clause; having a repealer
clause; providing for codification; and providing an effective date
and for publication.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. That Chapter 6, ANIMALS, of the Code of Ordinances, City of Pearland, Texas is
hereby amended to read as follows:
“Chapter 6 - ANIMALS
ARTICLE I. - IN GENERAL
Sec. 6-1. Definitions.
Terms used in this chapter shall have the meanings ascribed to them in the Texas Health
and Safety Code, Texas Agriculture Code, and the City of Pearland Unified Development Code.
If the term is not defined herein or in those laws, it shall have its commonly understood
meaning:
Animal: An animate being that is not human and has the power of voluntary action.
Animal control officer: The person designated by the city council or its designee as "animal
services manager" to act as the local rabies control authority for the purposes of this chapter.
The animal control officer or his/her designee is authorized to act in matters of animal control
and safety as permitted by the Texas Health and Safety Code.
At large: Any dog, cat, or other domesticated animal present on any public or unfenced
private property not belonging to the owner or under the control of the owner, and without the
owner or caretaker having direct physical control over such animal. Further, any animal left
unattended in any vehicle in such manner that such animal can extend its head beyond the
physical bounds of such vehicle or outside such vehicle shall be considered at large.
Bodily injury: This includes physical pain, illness, or any impairment of physical condition.
Caretaker: A person is subject to this chapter as the caretaker of an animal and is
presumed to control the animal if the person (1) is the owner or lessee of the yard, pen, pasture,
or other place in which the animal is located and has control of that place, or (2) exercises care
or control over the animal. This section includes any person or persons owning, possessing,
harboring, keeping, or sheltering any animal.
Department: The animal services section of the City of Pearland Police Department.
Humane organization: A nonprofit organization which provides for the care and custody of
sick, injured, lost, abandoned or strayed animals and which may provide veterinary services for
the care of the animals kept there, which services are provided by a licensed veterinarian.
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
Livestock: A cow, horse, swine, mule, ass, sheep, goat, llama, alpaca, exotic livestock, elk,
hog, bison, buffalo, and any hybrid thereof, unless otherwise defined.
Wild animal: Any mammal, amphibian, reptile or fowl which is of a species that is wild by
nature and of a species which, due to size, vicious nature or other characteristics is dangerous
to human beings but shall not include raptors and falcons that are licensed or that are properly
permitted by the State of Texas. Such animals shall include, but not be limited to, lions, tigers,
leopards, panthers, bears, wolves, raccoons, skunks (whether deodorized or not), apes, gorillas,
monkeys, foxes, elephants, rhinoceroses, crocodiles, alligators and all forms of venomous
reptiles, but such term shall not include animals expressly allowed in this chapter. The term
includes any animal not designated as livestock in the Texas Agriculture Code and not
otherwise listed in this chapter.
Sec. 6-2. Culpable mental state.
It is the express intent of the City Council of the City of Pearland to dispense with the
requirement of proof of a culpable mental state in the prosecution for the violation of any section
in this chapter, unless said section expressly requires a culpable mental state.
Sec. 6-3. Microchipping required.
(a)The owner or caretaker of any equine, ferret, dog or cat must have the animal implanted
with a registered microchip before the animal attains four (4) months of age.
(b)The owner or caretaker of an equine, ferret, dog, or cat shall maintain current registration
with a microchip registration company.
(c)If there is a change in contact information of an owner or caretaker of a registered
microchipped equine, ferret, dog, or cat, the owner or caretaker shall update contact
information with the microchip registration company within thirty (30) days of the date of the
change in contact information.
(d)If there is a change in ownership of a registered equine, ferret, dog, or cat, the new owner
or caretaker, if keeping the animal in the territorial limits of Pearland, shall be responsible
for re-registering the microchip to include any new address or telephone number and have
the registration information transferred to the new owner's or caretaker's name within thirty
(30)days after the change in ownership.
(e)No person may use a registered microchip number for any animal other than the one for
which it was issued.
(f)An equine, ferret, dog, or cat is exempt from this requirement if the equine, ferret, dog, or
cat is determined in writing to be medically unsuitable for microchipping by a licensed
veterinarian. If the animal is determined to be medically unsuitable for microchipping, the
owner shall have the animal permanently marked with an identifying tattoo by a licensed
veterinarian. Proof of medical unsuitability for microchipping along with the identifying
tattoo number and owner's or caretaker's name, address, and telephone number must be
provided to the department within thirty (30) days of tattooing. If there is a change in
contact information, the owner or caretaker of a tattooed animal shall update contact
information with the department within thirty (30) days of the date of the change in contact
information. If there is a change in ownership of a tattooed animal the initial owner or
caretaker shall be responsible for notifying the department of the change within (30) days
of the date of change in ownership. The new owner or caretaker, if keeping the animal in
the territorial limits of Pearland, shall be responsible for providing the department with the
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
new owner's or caretaker's name, address and telephone number within thirty (30) days
after the change in ownership.
(g)It is a defense to prosecution under this section that:
(1)The equine, ferret, dog, or cat owner/caretaker is a nonresident of this city and is
keeping the subject animal in the city for fewer than sixty (60) days;
(2)The animal owner/caretaker has been a resident for fewer than thirty (30) days; or
(3)The animal had been abandoned or lost and the temporary owner/caretaker has
had the equine, ferret, dog, or cat for fewer than thirty (30) days.
Sec. 6-4. Limitations on number of animals to be kept; exceptions.
(a)Dwelling/dwelling unit as defined by the City of Pearland Unified Development Code
(UDC). It shall be unlawful for any person to keep, harbor, possess, maintain, or allow to be
kept, harbored, possessed, or maintained more than five (5) ferrets, dogs, or cats or
combination of said animals with the total number exceeding five (5), over four (4) months
old, upon or within any premises owned, occupied, or under the control of such person
within the city, except where specifically exempt.
(b)Litters. Only one (1) litter from animals permitted under this section shall be allowed at a
dwelling unit at any given time.
(c)Exceptions. The provisions of this section limiting the number of animals shall not apply to
the following:
(1)Veterinary hospitals, animal hospitals, or veterinary services, including office/clinic,
veterinarian;
(2)Pet care facilities, farm (ranch, livestock), agricultural animal husbandry, cattle
feedlot (CAFO), livestock sales (wholesale), or animal kennels as defined by the
Pearland UDC;
(3)Traveling circuses;
(4)Animal shelters or pet care facility/animal kennel;
(5)Pet shop (small animals, birds or fish) as defined by the Pearland UDC.
Sec. 6-5. Ratites prohibited.
It shall be unlawful for any person to keep, possess, or maintain within the territorial limits of the
City of Pearland any species or subspecies of ratites.
Sec. 6-6. Restrictions on keeping wild animals.
It shall be unlawful to keep, possess or maintain, or to cause to be kept, possessed or
maintained, any wild animal within the city, unless such wild animal is:
(1)Contained within a licensed and permitted zoo;
(2)Is licensed by the State of Texas as a licensed raptor or falcon; or
(3)Kept, possessed or maintained by a licensed and permitted wildlife rehabilitator.
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
Sec. 6-7. Care and feeding of animals.
All animals shall be fed with a quantity of good, wholesome food sufficient to keep them in a
good, well-nourished condition, and such food shall be served to such animals in a clean,
sanitary manner. All animals shall be provided with pure, clean water in sufficient quantities at
all times and adequate shelter to protect them from the elements.
Sec. 6-8. Storage, disposal of animal feces.
(a)Every person owning or leasing any premises where animals are kept shall maintain a
substantial and sufficient receptacle for feces, which shall be so constructed and kept so as
to protect the contents from rain and so screened as to prevent access to flies, and all
feces from any and all such animals shall be placed in such receptacle.
(b)Every person owning or leasing such premises where animals are kept shall ensure feces
not be allowed to accumulate and become or otherwise constitute a nuisance or health
hazard.
Sec. 6-9. Defecation by animal.
Any caretaker shall promptly remove and sanitarily dispose of feces left on public or private
property by an animal being handled by the caretaker, other than property owned by the
caretaker.
Sec. 6-10. Animal at large prohibited.
It shall be unlawful for any caretaker to allow or permit any animal to be at large within the
territorial limits of the city.
Sec. 6-11. Sale of animals prohibited.
(a)It shall be unlawful to sell, offer for sale, barter, and lease or give away, or display for a
commercial purpose a live animal on a roadside, public right-of-way, commercial parking
lot, or at an outdoor special sale, swap meet, flea market or similar event within the city's
territorial limits.
(b)This section shall not apply to an agent of a business that has a certificate of occupancy
from the city authorizing the occupancy of the premises for the purposes of operating a
business of selling pets. This section shall not apply to the sale, barter, lease, or give away
of livestock or poultry as defined by state law.
Sec. 6-12. Coloring of animals prohibited.
It shall be unlawful to dye, stain or otherwise alter the natural color of any animal or fowl
within the city.
Sec. 6-13. Attractive environment for unconfined animals, exceptions.
It shall be unlawful for any person knowingly to cause or permit the maintenance of an
attractive environment for any animal, which is not owned by said person, by the placement of
food or other means. It is a defense to prosecution under this section the person placed the food
or other attractive environment solely for the purpose of apprehending an animal for surrender
to a humane organization or to the animal control officer. Use of bird feeders designed for
feeding wild birds is permitted under this section.
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
Sec 6-14. Bird sanctuary; shooting, catching birds prohibited.
(a)The city is hereby declared to be a bird sanctuary.
(b)It shall be unlawful for any person to kill, trap, ensnare, or otherwise catch any wild bird,
regardless of age, within the city. It shall also be unlawful for any person to attempt to kill,
trap, ensnare, or otherwise catch any wild bird, regardless of age, within the city.
Sec. 6-15. Destruction of wounded animals.
When from any cause it may happen that any animal within the city shall be so wounded,
maimed or injured as to render its recovery hopeless in the opinion of the animal control officer
or police officer, such officer may cause such animal to be destroyed. Such destruction shall be
in a manner as determined by the officer to be the most effective and least painful, considering
attendant circumstances. Upon destruction, such officer shall cause the carcass of such
destroyed animal to be lawfully removed and disposed of. Such officer shall thereafter file a
written report with the department.
Sec. 6-16. Waiver of fees.
The city manager or his/her designee may implement fee waivers for animal services.
Sec. 6-17. Penalty for violation.
Any person who violates any provision of this chapter shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine of not exceeding five hundred dollars
($500.00); provided, however, that no penalty shall be greater than the penalty provided for the
same or a similar offense under the laws of the State of Texas. Each day such violation or
failure to be in compliance shall exist shall be deemed to constitute a separate offense.
Provided, however, that where a specific penalty is provided within any of the sections hereof,
such specific penalty will control over the general penalty.
Secs. 6-18 – 6-33. – Reserved.
ARTICLE II. - RABIES AND DISEASE CONTROL
Sec. 6-34. Rabies control.
(a)General provisions:
(1)Impoundment—By the animal control officer. Except as provided in subsection
(a)(2) below, every animal that has rabies or exhibits symptoms thereof, and every
animal that bites, scratches or otherwise attacks any person within the city shall be
impounded summarily and held under observation by the animal control officer for
ten (10) days. If the owner desires, such animal may be confined for observation in
a veterinary clinic approved by the animal control officer, at the owner's sole
expense, for the required ten-day period. The veterinarian in charge of such clinic
shall, prior to such approval, certify to the animal control officer that he is willing
and able to care for and confine the animal as required herein.
(2)Same—At home. Any animal with a current rabies vaccination, as evidenced by a
veterinarian's certification, that bites, scratches or otherwise attacks any person
within the city limits may, upon approval by the animal control officer, be confined
and quarantined on the owner's premises for the requisite ten-day period for rabies
observation, provided the animal is examined by a veterinarian at the beginning of
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
the quarantine period and again ten (10) days later, and provided further the
veterinarian’s written findings are submitted to the animal control officer within
three (3) days after such examinations.
(b)No animal which has rabies shall be allowed at any time on the public streets or ways
of the city. No animal suspected of having rabies shall be allowed at any time on the
public streets or ways of the city unless such animal has been released from
observation by the animal control officer.
(c)The owner or caretaker of any animal that has rabies or has exhibited symptoms
thereof, or that has been exposed to rabies, or that has bitten, scratched or otherwise
attacked any person or another animal within the city shall, on demand, surrender
such animal to the animal control officer or his designee.
(d)The body of any animal that has died of rabies shall not be disposed of except as
directed by the animal control officer.
(e)The animal control officer shall investigate and document all cases of rabies and
suspected rabies.
(f)No animals which are required by State law to be vaccinated for rabies and have been
taken to the animal shelter and adoption center shall be redeemed or made available
for adoption or foster unless they are vaccinated for rabies, except in such instances
where the Animal Control Officer has been furnished with satisfactory proof and
evidence that such animal has been inoculated with a rabies vaccine or on the advice
of a veterinarian.
Sec. 6-35. Veterinarians to report diseases.
Any veterinarian or other person who is called to examine or professionally attend to any
animal within the city having glanders, farcy, rabies, leptospirosis, tuberculosis or other
communicable diseases shall, within forty-eight (48) hours thereafter, report in writing to the
department the following facts:
(a)The location and identity of such animal;
(b)The owner's name and address; and
(c)The type and character of the disease.
Secs. 6-36. – 6-40. Reserved.
ARTICLE III. IMPOUNDMENT
Sec. 6-41. - Redemption of impounded animals.
(a)Animals brought to the animal shelter and adoption center will be held by the City for
72 hours, unless the Animal Control Officer determines one of the following criteria
are met:
(1) When an animal is unhealthy and untreatable.
(2) When a feline is determined to be feral.
(3) When required by order of the courts.
(4) When otherwise required by law.
(5) When the animal is a Wild Animal or Dangerous Wild Animal.
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
(6) An animal may be transferred to a Humane Organization with an agreement for
return should an owner claim the animal.
(b)The person entitled to the possession of any animal delivered to the animal shelter
and adoption center shall be entitled to the animal upon presentation of evidence of
ownership and payment of charges and fees as applicable, provided such animal is
not infected or reasonably believed to be infected with rabies or any other infectious
or contagious disease:
(1)Except as otherwise provided in this chapter, a fee shall be charged for the
impoundment of any animal as may from time to time be established by city
council, as reflected in the fee schedule maintained in the office of the city
secretary.
(2) Reasonable expenses for the treatment of the animal for injury or illness. Any
veterinarian whose services are enlisted by the animal shelter and adoption
center is hereby specifically authorized to treat an animal for injury or illness when
such treatment is found to be reasonably necessary in his judgment.
(c)The owners of all animals impounded in the animal shelter and adoption center shall
be required to redeem the same as provided for in subsection (a) hereof and shall not
be permitted to adopt such animal in lieu of paying the redemption fee.
(d)It is hereby declared unlawful to remove animals from the animal shelter and adoption
center except in accordance with the procedures established herein and the
regulations established by the department.
(e)Any dog or cat impounded in the animal shelter and adoption center that is claimed by
the owner and has not been inoculated for rabies due to illness or injury, will be
delivered to any veterinary hospital within the city, upon request of the owner thereof,
for further treatment, provided:
(1)the veterinarian operating such veterinary hospital agrees to vaccinate such
animal for rabies prior to releasing the animal from the veterinary hospital, and
(2)that such veterinarian also agrees to furnish a certificate evidencing the
vaccination to the animal shelter and adoption center within ten (10) days of the
release of the animal.
Sec. 6-42. - Disposition of animals not redeemed.
Animals taken up and impounded under the terms of this article which are not redeemed
within 72 hours as provided in this article shall be disposed of by the city as follows:
(a)Under no circumstances may an animal be sold or donated to any entity for testing,
teaching, or research purposes.
(b)Any animal deemed suitable for adoption, may be offered for adoption.
(c)Any animal deemed suitable for adoption, may be placed in a foster.
(d)Any animal deemed suitable for adoption that is not placed for adoption by the
department may be transferred to a humane organization. The department shall
establish uniform criteria for the transfer of animals to humane organizations and
shall make surplus adoptable animals available to those organizations that meet the
criteria. The criteria shall include requirements animals be vaccinated and sterilized
in accordance with state law.
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
(e) Felines not deemed suitable for adoption may be transferred to a Humane
Organization which places the felines into Community Cat or Trap Neuter Release
programs, so long as the Humane Organization agrees to vaccinate and sterilize the
animal and agrees to only place the feline into a location where such a release is
legal by local statute.
(f)Animals not placed for adoption, placed in a foster, or transferred to a humane
organization shall be destroyed by use of the humane euthanasia procedures
approved by the State of Texas.
(g)Animals which are adopted or transferred to a humane organization, may be
redeemed by a person entitled to the possession of the animal upon paying the
adopter or humane organization double the amount paid by him/her/it for such
animal and reasonable expenses for keeping the same. Any animal not so redeemed
within fifteen (15) days from the date of adoption or transfer to a humane
organization shall become the absolute property of the person or organization who
assumed caretaker status for the animal.
Sec. 6-43. - Destruction upon request.
The department may accept a dog or cat from the owner thereof for disposal upon payment
by the owner of a fee. No fee shall be charged to a resident of Pearland who brings an injured
cat or dog to the animal shelter and adoption center for euthanasia. The disposal of such
animals shall be accomplished in the same manner as though the animals had been impounded
and not redeemed.
Sec. 6-44. - Wild animals—Impoundment.
(a)The animal control officer shall seize all animals found to be in violation of section 6-
11 hereof and impound the same. Where city facilities are insufficient or otherwise
inadequate to impound any such animal, the animal control officer shall take any
reasonable and necessary steps to secure the impoundment of such animal within or
outside the city, in whatever facilities may be available at the time.
(b)The owner of a seized wild animal may recover the same upon a showing of
ownership to the animal control officer. Such will be evidenced by written
documentation clearly denoting ownership of the animal in question and a document
from the State permitting possession of the animal, if applicable. Prior to such
recovery, the owner shall also provide to the animal control officer:
(1)An affidavit setting forth the location at which the animal will be kept, and that he
will not allow such animal to be within the city;
(2)An agreement approved by the city attorney that he will indemnify and hold
harmless the City of Pearland from all liability resulting in any way from the
keeping of such animal; and
(3)A waiver form approved by the city attorney authorizing the disposal and/or
destruction of the animal should any further impoundments occur or become
necessary.
(c)If recovery under subsection (b) hereof has not been affected within three (3) days
after impoundment, the animal control officer shall be authorized to offer such animal
to a zoo or wildlife refuge, or to destroy the animal if same remains unclaimed for an
additional three (3) days.
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
(d)In the event that a wild animal is seized and recovered by the owner as set forth in this
section and such animal is thereafter found at large or in violation of this article, such
animal shall be seized by the animal control officer and the city attorney shall, as soon
as practicable, seek an order from a court of competent jurisdiction, for the destruction
of such animal.
Secs. 6-45. – 6.50 Reserved.
ARTICLE IV. DANGEROUS DOGS
Sec. 6-51. Municipality’s election to follow dangerous dog process.
It is the express intent of the city council to elect to be governed by Sec. 822.0422 of the Texas
Health and Safety Code when a person reports an incident described by Section 822.041(2) of
that Code.
Sec. 6-52. Determination a dogis dangerous.
a)Upon receipt of a sworn, written complaint by any person including a City employee, in a
form approved by the animal control officer, that a dog may constitute a dangerous dog,
the animal control officer may conduct an investigation. At the conclusion of the
investigation, the animal control officer may:
a.Determine the dog is not dangerous; or
b.Determine the dog is dangerous and order the owner or caretaker to comply with
the requirements for ownership of a dangerous dog set forth in this chapter.
b)The animal control officer shall notify the owner or caretaker in person by hand delivery,
by posting a determination notice on the last known address of the owner or caretaker,
or by certified mail, return receipt requested, of the determination. If a dog is determined
to be dangerous, the notice of determination shall inform the owner or caretaker of the
following:
a.The dog is dangerous;
b.The owner or caretaker must comply with requirements for ownership of a
dangerous dog as set forth in this chapter; and
c.The owner or caretaker has a right to appeal a determination of dangerousness
in accordance with section 6-52 of this Chapter.
c)Any person may report to a municipal court, a justice court, or a county court an incident
in which a dog:
a.Makes an unprovoked attack on a person that causes bodily injury and occurs in
a place other than an enclosure in which the dog was being kept and that was
reasonably certain to prevent the dog from leaving the enclosure on its own; or
b.Commits unprovoked acts in a place other than an enclosure in which the dog
was being kept and that was reasonably certain to prevent the dog from leaving
the enclosure on its own and those acts cause a person to reasonable believe
that the dog will attack and cause bodily injury to that person.
d)A person who reports an incident as described in subsection (c) of this Section must also
report the incident to the animal control officer or designee as described in subsection
(a) of this Section.
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
Sec. 6-53. Appeal from animal control officer determination of dangerous dog.
If the animal control officer determines a dog is a dangerous dog as defined by this Chapter,
that decision is final unless the caretaker or owner files a written appeal with the municipal court
in accordance with Chapter 822 of the Texas Health and Safety Code, not later than the 15th
calendar day after the date the owner received notice the dog is dangerous.
Sec. 6-54. Requirements for caretaker or owner of a dangerous dog.
a)Not later than the 30th calendar day after the date a caretaker or owner has been notified
of the final determination s/he is the owner of a dangerous dog that a court has not
ordered to be humanely euthanized, the caretaker or owner shall:
a.Comply at all times with the requirements set forth in this ordinance and, if
applicable, in Subchapter D, Chapter 822 of the Texas Health and Safety Code;
b.Provide proof the dog has had a microchip implanted, at the caretaker or owner’s
expense, including the name of the chip’s manufacturer;
c.Obtain a dangerous dog license from animal control officer for the fee stated in
the city fee schedule and affix a city-issued “dangerous dog” tag to the city-
issued collar that must be worn by the dog at all times. The registration and the
accompanying tag must be renewed annually;
d.Muzzle and restrain the dangerous dog at all times on a leash that is no longer
than six (6) feet in length, is of sufficient strength to control the dog, and is in the
direct physical control of a person capable of controlling the dog at any time the
dog is not in a secure enclosure;
e.Confine the dog in a secure enclosure except as provided in item (d) of this
subsection. The designation of an enclosure as “secure” for purposes of this
Chapter and state law will be made by the animal control officer or designee. The
dog’s owner or caretaker must provide reasonable access, 7:00 am to 7:00 pm,
to the animal control officer or designee, for an enclosure to be inspected,
designated, and/or to remain designated as “secure” for purposes of this Chapter
and state law;
f.Sterilize the dog, unless the animal control officer or a licensed veterinarian
confirms in writing the dog is past the age for breeding or its conidtion otherwise
makes it inadvisable to spay or neuter the dog;
g.Attach “dangerous dog” signs issued by the City to the front door of a residence,
any gate in a fence enclosing the property, and at the midpoint of a length of
fencing adjacent to a public right of way such that the signs are visible to
someone:
i.Standing two feet outside the front door of the property;
ii.Standing two feet outside any gate in a fence enclosing the property; and
iii.Standing at the midpoint of a length of fencing adjacent to a public right of
way including but not limited to a sidewalk, roadway, or drainage
easement; and
h.Obtain liability insurance coverage in an amount of at least $250,000.00 to cover
damages resulting from an attack by the dangerous dog causing bodily injury to a
person and provide proof of the required liability insurance coverage to the
department. The proof of insurance must clearly indicate that the insurer is aware
that the insured dog has been declared dangerous either by the inclusion of a
statement on the coverage policy itself or in an original letter on the insurer’s
letterhead signed by the insurance agent issuing the policy.
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
b) The caretaker or owner of a dangerous dog who does not comply with any part of
subsection (a) of this section shall:
a. Deliver the dog to the animal control officer for destruction at the Department not
later than the 30th calendar day after the caretaker learns that the dog is a
dangerous dog;
b. Deliver the dog to the dog’s veterinarian for destruction and provide proof thereof
to the animal control officer not later than the 30th calendar day after the
caretaker learns that the dog is a dangerous dog; or
c. Remove the dangerous dog from the City no more than thirty (30) calendar days
after notice of the dangerous dog designation is provided by the animal control
officer. Any dog deemed dangerous by a court of competent jurisdiction, or by a
person authorized by Chapter 822 of the Texas Health & Safety Code, is
prohibited from residing within the territorial limits of the City of Pearland
beginning thirty (30) calendar days after the designation is made, unless the
owner or caretaker complies with all requirements in this Chapter.
c) If the dangerous dog is transferred to a new location within the territorial limits of the City
of Pearland, the caretaker or owner shall notify the animal control officer of the change
of location and provide the address of the new location of the dog. This notice must be
provided in writing not later than seven (7) calendar days after the dangerous dog is
transferred. The owner or caretaker of the dog shall comply with all the requirements of
subsection (a) of this section within thirty (30) days after the dog is transferred to this
new location.
d) If ownership or the caretaker of the dog changes, the name and physical address of the
new person who owns or has custody or control of the dangerous dog must be provided
in writing to the animal control officer not later than seven (7) calendar days after transfer
of the dangerous dog. The original registered owner is responsible for providing this
notice to the animal control officer. Legal responsibility for the dangerous dog will not
transfer to the new owner or caretaker until the previous registered owner or caretaker of
the dangerous dog provides this notice to the animal control officer.
e) Upon receiving notice of a change in ownership or the caretaker of a dangerous dog,
and the new owner or caretaker resides within the territorial limits of the City of Pearland,
the animal control officer or designee will notify the new owner or caretaker that:
a. The dog has been declared a dangerous dog;
b. The registration of a dangerous dog is not transferable; and
c. The new owner or caretaker is subject to the requirements of this Chapter and
state law.
f) Upon receiving notice of a change in ownership or the caretaker of a dangerous dog,
and the new owner or caretaker resides outside the territorial limits of the City of
Pearland, the animal control officer or designee will notify the new owner or caretaker,
and the animal control authority with jurisdiction over the address provided, that the dog
has been previously declared a dangerous dog.
g) If a person residing in the territorial limits of the City of Pearland becomes the owner or
caretaker of a dog that has been declared dangerous by any other jurisdiction’s animal
control officer or any court having jurisdiction over dangerous dog declarations, the
person shall notify the animal control officer of the presence of the dangerous dog, the
address at which the dog is being kept, and the full name of the owner or caretaker for
the dangerous dog. The new owner or caretaker of the dog declared dangerous in
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
another jurisdiction shall have thirty days to comply with the requirements set out in this
Chapter for keeping a dangerous dog.
Sec. 6-55. Failure to comply with requirements to keep a dangerous dog.
a) Any person may make application to the municipal court, or other courts having
concurrent jurisdiction as permitted in Chapter 822 of the Texas Health and Safety
Code, alleging the caretaker or owner of a dangerous animal has failed to comply with
the requirements for ownership of a dangerous animal as set forth in section 6-53(a) of
this Code.
b) The court shall set a time for a hearing to determine whether the caretaker or owner of
the animal has complied with the requirements for ownership as set forth in section 6-
53(a) of this Code or any applicable statute. The hearing, if being held in the Pearland
Municipal Court of Record, must be held within ten (10) calendar days after the date of
the application. The court shall give written notice of the time and place of the hearing to:
a. The caretaker and/or owner of the animal or the person from whom the animal
was seized; and
b. The person who made the complaint.
c) Any interested party, including the city attorney, is entitled to present evidence at the
hearing in the Pearland Municipal Court of Record. The court shall determine whether
someone is an interested party or not.
d) The Pearland Municipal Court of Record shall determine whether the caretaker or owner
of a dangerous animal has complied with the requirements for ownership of a dangerous
animal as set forth in section 6-53(a) of this Code.
a. If the court determines that the caretaker or owner has met all ownership
requirements, the court shall waive any impoundment fees incurred and order the
animal released to the caretaker or owner.
b. The court may order the removal of the animal from within the City if the court
finds the caretaker or owner of the animal has failed to comply with section 6-
53(a) of this Code.
c. The court may order the seizure and humane destruction of an animal if the court
finds the caretaker or owner of the animal has failed to comply with section 6-
53(a) of this Code.
d. The court may not order the caretaker or owner to comply with section 6-53(a) of
this Code during the pendency of an appeal in accordance with this ordinance or
the Texas Health and Safety Code.
e) The Pearland Municipal Court of Record shall determine the estimated costs to house
and care for an impounded animal during the appeal process set forth in this ordinance
and shall set the bond for an appeal in an amount adequate to cover those estimated
costs.
f) The order of the Pearland Municipal Court of Record issued under subsection (d) of this
section may be appealed in accordance with section 822.0424 of the Texas Health and
Safety Code to a county court or county court at law in the county in which the municipal
court is located. The applicant is entitled to a jury trial on request. Not later than the 10th
calendar day after the date the Pearland Municipal Court of Record order is issued, the
appellant must file a notice of appeal, and if applicable, an appeal bond in the amount
determined by the court from which the appeal is taken.
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
Sec. 6-56. Violations; defenses.
a)A person commits an offense if he violates, or fails to perform an act required by, a
provision of this chapter or Subchapter D, Chapter 822 of the Texas Health and Safety
Code, as amended. A person commits a separate offense each day or part of a day
during which a violation is committed, permitted, or continued.
b)An offense under this article is a Class C misdemeanor.
c)Any defense to prosecution under Subchapter D, Chapter 822 of the Texas Health and
Safety Code, as amended, is a defense to prosecution under this article.
d)Any defense to an order to euthanize under 822.003(f) of the Texas Health and Safety
Code, as amended, is a defense under this article.”
Section 2. Savings. All rights and remedies which have accrued in favor of the City under this
Ordinance and amendments thereto shall be and are preserved for the benefit of the City.
Section 3. Severability. Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof;
but as to such remaining portion or portions, the same shall be and remain in full force and effect
and to this end the provisions of this ordinance are declared to be severable.
Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby
repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of Pearland, Texas, that
the provisions of this ordinance shall be codified in the City’s official Code of Ordinances as
provided hereinabove.
Section 6. Publication and Effective Date. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and
after its publication, or the publication of its caption and penalty, in the official City newspaper.
PASSED and APPROVED on First Reading this the 27th day of October, A. D., 2025.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB
PASSED and APPROVED on Second and Final Reading this the 10th day of November, A. D.,
2025.
____________________________________
J.KEVIN COLE
MAYOR
ATTEST:
_________________________________
FRANCIS AGUILAR, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
DARRIN M. COKER
CITY ATTORNEY
Docusign Envelope ID: 17CC3E9F-09C9-440C-AAE5-7CDA5350C4BB