Prohibited animal shall mean:

A. Class Mammalia:

1. Order Carnivora:

a. Family Mustelidae (such as weasels, skunks, otters, badgers, mink and martens) EXCEPT ferrets;

b. Family Procyonidae (such as raccoons and coati);

c. Family Ursidae (bears);

d. Family Felidae (such as bobcats, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, lynxs, servals, caracals), EXCEPT domestic cats;

e. Family Canidae ( such as coyotes, foxes and jackals); EXCEPT domestic dogs; and

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f. Family Hyaenidae (hyenas).

2. Order Primate:

1. Family Cercopithecidae (such as baboons); and
2. Family Hominidae (such as chimpanzees, gorillas, orangutans);

B. Class Reptilia:

1. Family Helodermatidae (venomous lizards);

2. Family Hydrophiidae (venomous marine snakes);

3. Family Crotalidae (rattlesnakes, fer-de-lance, water moccasins, copperheads);

4. Family Viperidae (Old World Vipers);

5. Family Elapidae (coral snakes, cobras and mambas);

6. Family Colubridae:

a. Dispholidus typus (boomslang);

b. Cyclagras gigas (false water cobra);

c. Boiga dendrophila (mangrove snake); and

d. Thelotornis kirtlandii (bird snake); and

7. Order Crocodilia (crocodiles, alligators and gavials);

8. Family Chelydridae:

a. Macroclemys temmincki (alligator snapping turtle); and

b. Chelydra serpentina (common snapping turtle).

C. Class Amphibia:

Family Dendrobatidae: Phyllobates terribilis; and

D. Any hybrid of an animal listed in this Section.

E. All parenthetical references in this Section are presented merely as examples, and shall not be deemed as a limitation of the class, order, family, subfamily, genus or species described.

A. Definitions.

Being transported shall mean the act of being conveyed within a vehicle upon a public street.

B. A person commits an offense if he owns a prohibited animal.

B. A person commits an offense if he owns a prohibited animal.

C. It is an exception that:

1. A county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity;

2. A research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act;

3. An organization that is an accredited member of the American Zoo and Aquarium Association;

4. An injured, infirm, orphaned, or abandoned prohibited animal while being transported for care or treatment;

5. An injured, infirm, orphaned, or abandoned prohibited animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code;

6. A prohibited animal owned by and in the custody and control of a transient circus company that is not based in this state if:

a. the animal is used as an integral part of the circus performances; and

b. the animal is kept within this state only during the time the circus is performing in this state or for a period not to exceed 30 days while the circus is performing outside the United States;

7. prohibited animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state;

8. a prohibited animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university;

9. a prohibited animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that Act;

10. a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments; and

11. a prohibited animal that is:

a. owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the American Zoo and Aquarium Association for that species; and

b. an integral part of that species survival plan.

A. The Animal Services Manager shall immediately impound all prohibited animals found in violation of this Chapter, and place them in the Animal Services Center or other suitable facility.

B. Any person owning a prohibited animal shall submit it to the Animal Services Manager immediately upon his request.

C. A person commits an offense if he fails to submit a prohibited animal to the Animal Services Manager after having been ordered by the Animal Services Manager to do so.

D. An order under this Section shall be in writing, signed by the Animal Services Manager and served in person by the Animal Services Manager or a peace officer upon the owner of the prohibited animal.

A. The Animal Services Manager shall maintain any prohibited animal impounded under this Chapter for five (5) days, except:

1. If the owner of a prohibited animal signs an agreement abandoning all rights, claims or title to the animal; or

2. If the owner of a prohibited animal requests a hearing (in which case the Animal Services Manager shall maintain the animal until the owner has exhausted his administrative remedies).

B. Upon the signing of the agreement in (A)(1) of this Section, or upon the exhausting of administrative remedies in (A)(2) of this Section, the Animal Services Manager shall either euthanize the animal or shall sell or donate it to a suitable zoo, wildlife refuge, or other institution.

C. The owner of a prohibited animal impounded under this Article shall be responsible for all reasonable costs associated with the impoundment, boarding, medical care and disposition of the animal, unless, after hearing it is determined that the animal was not a prohibited animal or was an exception to prohibited animals. Such fees shall be of a sum set by resolution of the City Council.

Exotic animal shall mean:

A. Class Mammalia:

1. Order Marsupialia: Subfamily Macropodinae (wallabies, kangaroos, padmelons and wallaroos);

2. Order Perissodactyla:

a. Family Tapiridae (tapirs);

b. Family Equidae (zebra, wild asses and wild horses) except domestic equine;

c. Family Rhinocerotidae (rhinoceros);

3. Order Artiodactyla (such as hippopotamus, camels, giraffes, bison, antelope and deer) except domestic goats, oxen, sheep, cattle, pigs and llama;

4. Order Chiroptera (bats);

5. Family Ailuridae (Pandas and lesser pandas);

6. Family Viverridae (such as civets, mongoose and binturongs);

7. Family Protelidae (aardwolves);

8. Order Proboscidea (elephants);

9. Order Primates:

a. Family Cebidae:

(1) Genus Cebus (Capuchin monkeys);

(2) Genus Ateles (Spider monkeys);

(3) Genus Brachyteles (Wooly Spider monkeys);

b. Family Callimiconidae: Genus Callimico (Goeldi's monkey);

c. Family Callithricidae:

(1) Genus Callithrix (marmoset);

(2) Genus Leontideus (maned tamarin);

(3) Genus Saguinus (tamarins);

(4) Genus Oedipomidas (crested bare-faced tamarin);

B. Class Aves:

1. Order Rheiformes (such as the rhea);

2. Order Struthioniformes (such as the ostrich);

3. Order Casuariiformes (such as the emu); and

C. Any hybrid of an animal listed in this Section;

D. All parenthetical references in this section are presented merely as examples, and shall not be deemed as a limitation of the class, order, family, subfamily, genus or species described.

The requirements in this Chapter regarding exotic animals shall be in addition to Federal laws and regulations, and Texas laws and regulations governing ownership of these animals.

A person commits an offense if he harbors or maintains an exotic animal unless the animal is confined to a primary enclosure which meets the following minimum construction specifications:

A. Orders Rheiformes, Struthioniformes, and Casuariiformes: A fence of not less than six feet (6') in height, constructed of not less than eleven and one-half (11½) gauge chain link fence or its strength equivalent.

B. Family Ailuridae: a cage of not less than nine (9) gauge chain link or its strength equivalent.

C. Families Protelidae and Viverridae: A cage of not less than eleven and one-half (11½) gauge chain link or its strength equivalent.

D. Order Primates:

1. Gibbons, monkeys and other primates: a cage consisting of not less than nine (9) gauge chain link or its strength equivalent.

E. Elephants, rhinoceros and hippopotamus: a cage of steel bars, masonry block, or its strength equivalent.

F. Order Marsupialia: a cage consisting of not less than eleven and one-half (11½) gauge chain link or its strength equivalent.

G. Order Perissodactyla (except rhinoceros) and Order Artiodactyla (except hippopotamus): a fence of not less than eight feet (8') in height, constructed of not less than nine (9) gauge chain link or its strength equivalent.

H. Order Chiroptera (bats): a cage with no openings that will allow passage of a sphere larger than three-eighths inch (3/8"), excluding the door. Any door to such a cage shall have no openings which will allow passage of a sphere greater than three-eighths inch (3/8"), and shall be kept secured when not in use.

I. All cages and fences constructed of chain link shall be well braced and securely anchored at ground level and shall utilize metal corners, clamps, ties and braces of equivalent strength to other materials prescribed for cage construction for that order, family or species.

J. Frames for cages and fences, including corners, braces, top and bottom rails, shall be securely bolted or welded to provide maximum strength.

K. Cages and fences shall be sufficiently strong to prevent escape.

L. Cages and fences shall be equipped with locks and locking mechanism to prevent opening by unauthorized persons.

M. All cages shall be covered at the top to prevent escape. In lieu of this requirement, facilities provided for rhinoceros, elephants, and hippopotami may be constructed at sufficient height and in such a manner to prevent escape.

A person commits an offense if he transports an exotic animal unless such animal is transported in a cage which meets the minimum construction and strength requirements for primary holding facilities as required in Section 7.07.

A. A person commits an offense if with criminal negligence he houses, maintains, keeps or stakes an exotic animal at a distance closer than five hundred feet (500’) from any habitation located on another's property.

B. Bats shall be exempt from this distance requirement.

A. The Animal Services Manager shall immediately impound all exotic animals that are at large or that are being maintained, harbored or transported in violation of this Article, and place them in the Animal Services Center or other suitable facility.

B. A person maintaining, harboring or transporting an exotic animal in violation of this Chapter shall submit it to the Animal Services Manager immediately upon his request.

C. A person commits an offense if he fails to submit an exotic animal to the Animal Services Manager after having been ordered by the Animal Services Manager to do so.

D. An order under this Section shall be in writing, signed by the Animal Services Manager and served in person by the Animal Services Manager or a peace officer upon the owner of the prohibited animal.

A. The Animal Services Manager shall maintain any exotic animal impounded under this Chapter for five (5) days, except:

1. If the owner of a exotic animal signs an agreement abandoning all rights, claims or title to the animal; or

2. If the owner of a exotic animal requests a hearing (in which case the Animal Services Manager shall maintain the animal until the owner has exhausted his administrative remedies).

B. Upon the signing of the agreement in (A)(1) of this Section, or upon the exhausting of administrative remedies in (A)(2) of this Section, the Animal Services Manager shall either euthanize the animal or shall sell or donate it to a suitable zoo, wildlife refuge, or other institution.

C. The owner of an exotic animal impounded under this Article shall be responsible for all reasonable costs associated with the impoundment, boarding, medical care and disposition of the animal, unless, after hearing, it is determined that the animal was not in violation of this Article. Such fees shall be set by resolution of the City Council.

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