Relevant law

SEC. 7-4.8.     DEFECATION OF DOGS ON PUBLIC AND PRIVATE PROPERTY; FAILURE TO CARRY MATERIALS AND IMPLEMENTS FOR THE REMOVAL AND DISPOSAL OF DOG EXCRETA.
     (a)     An owner of a dog commits an offense if he knowingly permits, or by insufficient control allows, the dog to defecate in the city on private property or on property located in a public place.
     (b)     An owner of a dog commits an offense if he:
          (1)     knowingly permits the dog to enter or be present on private property or on property located in a public place; and
          (2)     fails to have in his possession materials or implements that, either alone or in combination with each other, can be used to immediately and in a sanitary and lawful manner both remove and dispose of any excreta the dog may deposit on the property.
     (c)     It is a defense to prosecution under Subsection (a) that the owner of the dog immediately and in a sanitary and lawful manner removed and disposed of, or caused the removal and disposal of, all excreta deposited on the property by the dog.
     (d)     It is a defense to prosecution under Subsection (a) or (b) that:
          (1)     the property was owned, leased, or controlled by the owner of the dog;
          (2)     the owner or person in control of the property had given prior consent for the dog to defecate on the property; or
          (3)     the dog was a service dog being used in official law enforcement activities.
     (e)     This section does not apply to a service dog that is specially trained to assist a person with a disability and that was in the custody or control of that disabled person at the time it defecated or was otherwise present on private property or on property located in a public place.  (Ord. 26024)

SEC. 7-8.1.     VIOLATIONS; CRIMINAL AND CIVIL PENALTIES.
     (a)     A person who violates a provision of this chapter, or who fails to perform an act required of him by this chapter, commits an offense.
     (b)     A person violating a provision of this chapter commits a separate offense for each day or part of a day during which a violation is committed, continued, or permitted.
     (c)     A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state.
     (d)     Unless specifically provided otherwise in this chapter, an offense under this chapter is punishable by a fine not to exceed:
          (1)     $2,000 if the provision violated governs public health or sanitation;
          (2)     the amount fixed by state law if the violation is one for which the state has fixed a fine; or
          (3)     $500 for all other offenses.
     (e)     Unless specifically provided otherwise in this chapter or by state law, an offense under this chapter is punishable by a fine of not less than:
          (1)     $50 for a first conviction of a violation of Section 7-2.6(f), 7-2.7(d), 7-3.1, 7-4.2(a), 7-4.5, 7-4.6, 7-4.8, 7- 7.2, or 7-7.4(a);
          (2)     $100 for a first conviction of a violation of Section 7-3.3, 7-4.1(a), 7-4.7, 7-7.3, or 7-7.5(a); and
          (3)     $150 for a first conviction of a violation of Section 7-2.4(b), 7-3.2, 7-4.3(e), 7-6.1, 7-6.2, or 7-7.1.
     (f)     The minimum fines established in Subsection (e) will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24- month period.  At no time may the minimum fine exceed the maximum fine established in Subsection (d). 
     (g)     Prosecution for an offense under Subsection (a) does not prevent the use of civil enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense.
     (h)     In addition to imposing a criminal penalty, the city may, in accordance with Section 54.012(5) of the Texas Local Government Code, bring a civil action against a person violating a provision of this chapter.  The civil action may include, but is not limited to, a suit to recover a civil penalty pursuant to Section 54.017 of the Texas Local Government Code not to exceed $1,000 for each day or portion of a day during which each violation is committed, continued, or permitted. (Ord. 26024)
SEC. 7-8.2.     ADDITIONAL ENFORCEMENT PROVISIONS.
     In addition to imposing a monetary penalty against a person convicted of an offense under this chapter, a court may do one or more of the following:
          (1)     Require the person, at the person's expense, to attend a responsible pet ownership program approved by the director.
          (2)     Revoke any permit issued to the person under this chapter.
          (3)     Order the impoundment of any animal owned by the person, forfeit the person's ownership of the animal, and award the animal to the city.
          (4)     Suspend the person's right to own an animal in the city for a period of time as specified by the court.
          (5)     Require the person to have any animal owned by the person spayed or neutered within a time period specified by the court.
          (6)     Impose any other conditions or restrictions that would reasonably abate the violation for which the person was convicted. (Ord. 26024)