§ 7-46. Congregations of unconfined and unlicensed stray cats and dogs.

(a)

It is unlawful for any person to intentionally cause, suffer or permit the maintenance of an attractive environment for the assembly of a congregation of unconfined and unlicensed stray cats or dogs by the placement of dog food or cat food. For purposes of this section a "congregation of unconfined and unlicensed stray cats or dogs" means any four (4) or more dogs or cats which:

(1)

May, of their own volition, enter or leave the property on which the food is placed;

(2)

Are not wearing valid city license tags issued pursuant to this chapter; and

(3)

Are not part of a trap, neuter, and return program.

(b)

For purposes of this section, "cat food" or "dog food" means any commercially prepared cat or dog food or any other food item or product that is subject to consumption by dogs or cats.

(c)

It is an affirmative defense that the dogs or cats were free-roaming and that the person placed the food solely for the purpose of apprehending the dogs and cats and:

(1)

Delivering them to the Galveston Island Humane Society;

(2)

Delivering them to an animal humane organization;

(3)

Delivering them to a licensed veterinarian for sterilization as part of a trap, neuter and return program; or as part of an approved and monitored program to prevent the estrus cycle in free-roaming females until sterilization; or

(4)

Obtaining a rabies vaccination and a current license issued by the city for such animals.

( Ord. No. 15-021, § 3, 3-26-15 )