§ 14-5. Running at large.

(a)

It shall be unlawful for any person to allow or permit an animal owned or possessed by him, other than a cat, to run at large.

(b)

A culpable mental state is not required as an element of this offense.

(c)

It is an affirmative defense to prosecution if the animal was running at large due to the act of some person, other than the owner of the animal or an occupant of the premises where such animal is possessed, or due to some factor not reasonably foreseeable by the owner or person having possession of the animal.

(d)

An offense under this section is punishable by a fine of not less than $25.00 and not to exceed $500.00 for the first offense; by a fine of not less than $35.00 and not to exceed $500.00 for the second offense within a 12-month period; by a fine of not less than $50.00 and not to exceed $500.00 for the third offense within a 12-month period; by a fine of not less than $75.00 and not to exceed $500.00 for the fourth offense within a 12-month period; by a fine of not less than $100.00 and not to exceed $500.00 for all subsequent offenses within a 12-month period.

(e)

Animals, other than cats, running at large are subject to impoundment by an officer of the city's animal control division. It shall be the duty of every animal control officer to apprehend any dog found running at large and to impound such dog at the city animal shelter.

(Code 1967, § 5-2; Ord. No. 2566, § 2, 10-26-78; Ord. No. 2702, § 2, 8-1-79)

State law reference

Livestock running at large, V.T.C.A., Agriculture Code §§ 143.022, 143.052.