KEEPING OF WILD ANIMALS

Houston Code of Ordinances ch. 6, art. III

in effect

Houston Code of Ordinances § 6-51 Wild animal defined.

Sec. 6-51. - Wild animal defined. As used in this article, the term wild animal shall mean any mammal, amphibian, reptile or fowl of a species that is wild by nature and that, because of its size, vicious nature or other characteristics, is dangerous to human beings. Wild animals shall include, but not be limited to, lions, tigers, leopards, panthers, wild cat-domestic cat hybrids up to the third generation, bears, wolves, wolf-dog hybrids, cougars, coyotes, coyote-dog hybrids, raccoons, skunks (whether deodorized or not), apes, gorillas, monkeys of a species whose average adult weight is 20 pounds or more, foxes, elephants, rhinoceroses, alligators, crocodiles, caymans, fowl larger than a macaw, all forms of venomous reptiles and any snake that will grow to a length greater than eight feet. The term shall also include any animal listed as an 'endangered species' under the Federal Endangered Species Act of 1973, as amended, or any fowl protected by the Federal Migratory Bird Treaty Act. The term wild animal shall not include gerbils, hamsters, guinea pigs, mice and domesticated rabbits. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-52 Possession prohibited.

Sec. 6-52. - Possession prohibited. (a) It is unlawful for any person to be in possession of a wild animal. (b) It is unlawful for the owner or other person in possession or control of any property, residence or business premises to knowingly permit any other person to be in possession of a wild animal upon the property, residence or business premises. (c) As used in this section, the term 'to be in possession' includes the harboring or keeping of any wild animal, whether on a temporary or permanent basis and includes, without limitation, holding or keeping the wild animal for the temporary and/or limited purpose of sale or transfer or offering of sale or transfer to another person. (d) It is an affirmative defense to prosecution under this section that the wild animal is in possession in accordance with all applicable state and federal laws and that: (1) The wild animal is being kept for treatment in an animal hospital operated by a veterinarian; (2) The wild animal is being kept at an institution that is accredited by a nationally recognized zoological association; (3) The wild animal is being kept at a shelter operated by a state or federally recognized humane agency for the purpose of its transfer to a refuge or sanctuary; (4) The wild animal is being kept for medical research or teaching purposes at a medical school or licensed hospital or by a university or college offering an accredited degree program; (5) The wild animal is in the possession of an airline, motor freight agency, rail freight agency or other carrier, and its possession in the city is incidental to transportation, provided that the wild animal is secured within a cage or other enclosure that is adequate to prevent its escape; (6) The wild animal is being kept or transported temporarily for a production in accordance with a permit or registration under section 6-54 of this Code; or (7) The wild animal is being transported for use in film making and other productions under section 6-58 of this Code. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-53 Penalty.

Sec. 6-53. - Penalty. Violation of any provision of this article is a misdemeanor punishable by a fine of not less than $500.00, nor more than $2,000.00. Each wild animal possessed in violation of this article and each day on which it is possessed shall constitute and be punishable as a separate offense. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-54 Temporary permit; registration for productions.

Sec. 6-54. - Temporary permit; registration for productions. (a) In this section, the term 'production' means any temporary exhibition or use of a wild animal for purposes of a television, movie or stage production, circus or carnival performance, traveling zoo or animal exposition or other similar use. (b) A temporary and nonrenewable permit to possess a wild animal in the city for a period of not more than 30 calendar days may be obtained from the director for the purpose of a production. The applicant for a production permit shall demonstrate to the director that: (1) The wild animal is required for the production; (2) The wild animal will be in the direct charge of its trainer or another person who is familiar with the wild animal and has been trained in its handling and care; (3) The applicant will, consistent with the size and characteristics of the wild animal, have additional handlers available as required to control the wild animal at any time that it is not confined; (4) The owner of each place where the production will take place and the owner of each place where the wild animal will be kept, if different, has consented in writing to its presence; (5) The applicant holds a policy of public liability insurance issued by a carrier authorized to write the policy under Texas law in an amount of not less than $100,000.00, per occurrence, providing coverage in case of injury or death of any person or damage to any property that results from negligence in the control or handling of the wild animal; and (6) The wild animal will be kept in such manner as to prevent its escape and to prevent injury to persons not associated with the production. (c) Applications for permits shall be made in writing to the director upon forms promulgated for that purpose and shall be submitted to the director at least 20 calendar days before the commencement of the production. Each application shall be accompanied by the nonrefundable fee in the amounts stated in the city fee schedule for five or fewer wild animals, for six to ten wild animals or for 11 or more wild animals. (d) A permit issued under this section is valid only for the designated production and the keeping of a wild animal in the city for that limited purpose and shall only extend for the duration of the production. (e) The director shall have the right to inspect a wild animal at any time while it is being kept under a permit issued under this section. (f) If the director denies a permit application, he shall give the applicant notice of the reasons for denial and an opportunity for a hearing. Following notice, the director may revoke a permit for any violation of this article or applicable state or federal laws. The permit holder shall be afforded an opportunity for a hearing before a permit is revoked. Pending the hearing, the director may suspend the permit if the actions of the permit holder appear to constitute a substantial hazard to public health or safety. Hearings and proceedings referenced in this subsection shall be conducted in the same manner as provided in division 4 of article IV of this chapter for denials, suspensions and revocations of breeder's permits. (g) The provisions of this section shall not be construed to require a person to obtain a city permit if the person holds a current and valid exhibitors license under the Federal Animal Welfare Act (7 U.S.C. § 2131 et seq.) or a current and valid circus, carnival or zoo operators license issued under chapter 2152 of the Texas Occupations Code and is conducting the production under authority of the state or federal license, provided that the person registers his production with the director at least 20 calendar days prior to the commencement of the production and provides the following information: (1) A description of each wild animal to be kept; (2) A copy of the state or federal license or other evidence that the person holds a current and valid state or federal license to keep and use the wild animals for the production; (3) Evidence that each person on whose property the production will be presented or the wild animals will be kept has consented to the presence of the wild animals on the person's property; and (4) The name, local address and local telephone number of a person or persons who may be contacted for inspections conducted or notices given by the director or in case of any escape, attack or other incident involving the wild animal. The director may conduct inspections of wild animals kept pursuant to registrations filed under this section and, in cooperation with responsible state and federal regulatory authorities, may take action as appropriate to ensure that wild animals are kept and exhibited in accordance with applicable state and federal requirements. Failure to complete the registration with the director prior to 20 calendar days before the commencement of the exhibition will result in a late fee in the amount stated in the city fee schedule. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-55 Impoundment.

Sec. 6-55. - Impoundment. (a) The director shall seize any wild animal possessed in violation of this article and impound the animal at the BARC animal shelter or other suitable place. The director, any animal enforcement officer or any police officer may enter any building or property to seize a wild animal that is possessed in violation of this article upon consent of an adult occupant of the building or property or one having the right of possession of the building or property, or under a warrant issued by a municipal judge. (b) The director shall impose a per animal fee for the impoundment of a wild animal, and a daily boarding fee, per animal. The amounts of the fees shall be predicated upon the cost of impoundment, care and feeding of the type of wild animal impounded and are stated in the city fee schedule. (c) A wild animal that has been impounded for the first time may be redeemed within seven calendar days by its owner if: (1) The owner demonstrates that he holds any state or federal license or permit required to keep the animal; (2) The animal is not believed to be infected with rabies or any other infectious disease; and (3) The owner provides a sworn affidavit setting forth that the wild animal will immediately be removed from the city and will be kept at an identified place where its possession is not unlawful. The director may require that a wild animal that is released under this subsection be tattooed or otherwise made identifiable in the event that it is again impounded. (d) Consistent with applicable state and federal laws and regulations, the director shall dispose of any wild animal that: (1) Is not timely redeemed following its first impoundment; or (2) Is impounded for a second time. Disposal of a wild animal pursuant to this subsection shall occur by placing the wild animal in a public zoo or at a reserve, sanctuary or shelter operated by or under the auspices of a recognized humane organization. If a placement is not practicable and cannot be made within 30 calendar days following the date of impoundment, the wild animal may be humanely destroyed if destruction is not prohibited by state or federal law. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-56 Regulations promulgated by the director.

Sec. 6-56. - Regulations promulgated by the director. Consistent with the provisions of this Code and applicable state and federal laws, the director may adopt and implement regulations for the administration of this article and the keeping of wild animals. The director shall post a copy of the regulations on BARC animal services' website and maintain a copy of the regulations for inspection in the offices of the city secretary and the director. The director shall provide copies for purchase for fees provided by law. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-57 Vaccine; use of live vaccine prohibited; keeping of animals vaccinated by same prohibited; exception.

Sec. 6-57. - Vaccine; use of live vaccine prohibited; keeping of animals vaccinated by same prohibited; exception. (a) No person shall vaccinate, or attempt to vaccinate, any wild animal against rabies except in strict compliance with any regulations promulgated and published by the Texas Department of State Health Services and in accordance with the current protocol published by the American Veterinary Medicine Association for the vaccination of wild animals. (b) Notwithstanding subsection (a) of this section, no person shall vaccinate, or attempt to vaccinate, any wild animal against rabies by the use of live vaccine. (c) Except as provided in subsection (d) of this section, no person shall possess, keep, permit, or allow any wild animal if such animal has been vaccinated against rabies with the use of live vaccine. (d) This section shall not apply to the use of live rabies vaccine for research purposes when the research is conducted by a medical school, licensed hospital or nonprofit university providing a degree program. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-58 Transport of wild animals used for film making, productions, etc.

Sec. 6-58. - Transport of wild animals used for film making, productions, etc. (a) It is an affirmative defense to prosecution under section 6-52 of this Code that the person cited was transporting the wild animal by vehicle upon the public streets and that the wild animal was secured within the vehicle being utilized for its transport in such a manner that it could not escape from the vehicle, it could not come into contact with any person who was not also within or upon the vehicle, and it could not come into contact with the driver of the vehicle while the vehicle was in motion. (b) It is also an affirmative defense to prosecution under section 6-52 of this Code that, at the time of the alleged offense: (1) The person cited was actually utilizing the wild animal at a production site for the purposes of the production of a motion picture being made for viewing by the general public, or a film or tape designed for use in a television show or television advertisement and in which the use of the wild animal was specified by the script; and (2) The person cited had the written permission of the person having the right of possession and control of the production site to use the wild animal on the site in the production; and (3) The wild animal was in the immediate and direct charge of a person who had been trained in its care and handling and who was responsible to ensure that the animal could not come in contact with persons who had not affirmatively consented to be involved in the production, and who was responsible for the prevention of its escape or any injuries or damage that the animal might cause to persons or property at all times during its utilization at the production site, and who had under his control and supervision at all times the wild animal was present no fewer than four additional persons over 18 years of age who could assist if needed in controlling the animal; and (4) The person cited had given the director five calendar days' prior written notice of his intent to utilize the wild animal, specifying the type of wild animal and production activity, the location of the production site, the address of the place where the wild animal would be kept when not in use at the production site, dates and times that the wild animal would be present at the site, and the name and a local address and telephone number at which the handler of the wild animal could be contacted during the production activity. The notice shall be either mailed, certified mail, return receipt requested, or hand-delivered to the Director, c/o AnimalEnforcement Manager, BARC Animal Services, 2700 Evella, Houston, Texas 77026. (c) The provisions of section 6-52 of this Code shall be applicable to the wild animal when it is kept within the city while not being used in the production. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH6ANFO_ARTIIIKEWIANFetched: 10/26/2026