§ 3-1. Definitions.
The following words, terms, and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned animal shall mean any animal that has not been provided with one (1) or more of the necessities of life including air, food, water, or protection from the sun and other elements of nature, or has been left in the custody of another person without their consent.
Adequate shelter shall provide protection from the weather, shall be appropriately sized, shall have a roof, three enclosed sides at a minimum, a doorway and be structurally sound and in good repair.
Animal shall mean any living creature other than Homo sapiens. Unless indicated otherwise, the term shall include livestock, fowl, mammals, reptiles, amphibians, insects, and wildlife as well as dogs, cats, birds, fish, turtles, and other creatures commonly owned as pets.
Animal clinic means any establishment maintained and operated by a licensed veterinarian for the routine care of animals as well as surgery, diagnosis and treatment of diseases and injuries of animals.
Animal control department means the city department that is responsible for enforcing this chapter and maintaining the animal shelter.
Animal control officer shall mean a person designated by the city who is primarily responsible for the enforcement of regulations of this chapter regarding animals including, but not limited to, the impounding of animals, controlling of animals running at-large and as otherwise required to enforce all regulations relating to animals as authorized by the state.
Animal control designee shall mean the person designated by the city manager who is the animal control authority responsible for the management and administration of the animal control department in addition to enforcing the provisions of this chapter.
Animal shelter shall mean a facility operated by the city for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
Animal at-large shall mean:
(1)
Off premises. Any animal not under the control of its owner by either a leash, chain or suitable material of sufficient strength and not more than six (6) feet in length attached to a collar or harness to control the actions of such animal while off the owner's property; or
(2)
On premises. Any animal not confined on the premises of the owner by a substantial fence of sufficient strength and height to prevent the animal from attacking persons and animals outside the fenced enclosure and from escaping therefrom, or secured on the premises by a metal chain or leash of sufficient strength to prevent the animal from escaping from the premises and so arranged that the animal will remain on the premises and not come any closer than six (6) feet to a public walkway or sidewalk when the restraint leash is stretched to its full length.
Attack shall mean when an animal in a vicious or terrorizing manner approaches any person in an apparent attitude of attack, an attack is complete without a bite or any physical contact being made by the animal.
Auction means any place or facility, at a location properly zoned for that activity, where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this section. This definition does not apply to individual sales of animals by owners.
Bite shall mean any abrasion, scratch, puncture, tear or piercing of the skin actually or suspected of being caused by an animal.
Cat shall mean a domesticated animal that is a member of the feline family ( Felis domesticus ).
Chicken shall mean a fowl from the species Gallus gallus domesticus .
Circus means a commercial variety show at a location that is properly zoned for that activity, featuring animal acts for public entertainment.
Code enforcement officer shall mean a person who enforces the health and sanitation ordinances.
Collar means a band, chain, harness or other suitable device worn around the neck of an animal on which a current rabies vaccination tag and a current city license tag can be affixed.
Coop shall mean a secure small enclosure or cage for chickens.
Dangerous animal shall mean any animal that:
(1)
Makes an unprovoked attack on a person causing bodily injury; or
(2)
Commits an unprovoked act of attack in a place other than the premises of the owner within a house, building or other enclosure and said act causes a person to reasonably believe that the animal will attack and cause bodily injury to that person. If the premises is enclosed with a fence, the animal should not be able to extend any part of its body over, under, or through the fence. Further, such enclosure should be of a structure and design reasonably certain to prevent the animal from leaving the enclosure on its own; or
(3)
Attacks and bites another animal on any property other than the property of the owner of the attacking animal.
Dog shall mean a domesticated animal that is a member of the canine family (Canis familiaris).
Domestic animal shall mean any head of livestock or any domestic pet.
Domestic pet means any animal kept for pleasure rather than utility; any animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.
Exotic animal means any animal not commonly domesticated by man and is not included or listed in the definition of wild animal.
Fee schedule shall mean the city's current fee schedule that is adopted by the city council.
Ferret, domestic means a domesticated member of the family Mustilidae, specifically Mustela putorius furo.
Foster volunteer means an approved volunteer agreeing to provide care for animals that are too young to be spayed or neutered and adopted into permanent homes, animals that are nursing a litter or animals that are being treated due to injuries or illness.
Fowl shall mean all feathered animals.
Grooming shop shall mean any commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.
Guard dog shall mean any dog that will detect and warn its handler that an intruder is present in or near an area that is being secured.
Harbor means the act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter, or care for a period of three (3) or more days.
Hen shall mean a female chicken.
Household means all persons living in a dwelling unit.
Indoor animal shall mean domestic animals that are strictly confined indoors.
Kennel shall mean any lot, building, structure, enclosure or premises where five (5) or more dogs or cats, four (4) months of age or older, are kept; or any premises wherein any person engages in the business of buying, selling, breeding, training or boarding of dogs or cats is conducted. This term does not include veterinary hospitals or humane societies.
Licensing authority means the agency or department of the city or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this chapter.
Livestock means all domesticated animals, including but not limited to horses, mules, donkeys, cows, goats, sheep, pigs, hogs, rabbits, pigeons, chickens, and does not include dogs and cats. This definition does not include domestic pet rabbits, limit two (2) per household.
Lunge as is used herein is defined as a sudden forward movement and thrust of an animal's head over, under or through a fence that causes a person to perceive an imminent attack.
Neutered shall mean any animal, male or female, rendered permanently incapable of breeding or being bred.
Nonprofit rescue shall mean a registered 501c3 nonprofit agency that has animals for rescue, rehabilitation or adoption in their temporary custody.
Officer shall mean any animal control officer, city police officer, code enforcement officer, or such other person designated by the city to enforce this chapter.
Outdoor animal means any animal that spends any time outside, in the open space, outside of a house, or in the open air whether or not the animal is fenced, leashed, or restrained.
Owner means any person, firm, partnership, or corporation having title to any animal; or a person who has, harbors or keeps or causes or permits to be harbored or kept, any animal in his care, or who permits an animal to remain on or about his premises.
Person shall mean any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
Pet shop shall mean any person, partnership or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells or boards any species of animal.
Public nuisance shall mean any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to the enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:
(1)
Is repeatedly found at-large;
(2)
Damages the property of anyone other than its owner;
(3)
Molests or intimidates pedestrians or passersby;
(4)
Chases vehicles;
(5)
Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(6)
Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(7)
Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
(8)
Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained;
(9)
Attacks other domestic animals; or
(10)
Has been found by the animal administrative officer, after notice to its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare or safety.
Quadruped means any four-legged animal.
Releasing agency shall mean the agency responsible for ensuring compliance with the State of Texas Health and Safety Code regulations regarding the adoption, transfer or release of animals.
Restrained shall mean secured by a leash, lead, cord, chain or rope of sufficient strength to control the actions of the animal and six (6) feet or less in length; or secured within a kennel or pen; or secured by a fence on the owner's property.
Rooster shall mean a male chicken.
Secure enclosure means a fenced pen, kennel, or structure that is locked and is capable of preventing the entry of the general public, including children; is capable of preventing the escape or release of an animal; is clearly marked as containing a quarantined or dangerous animal; and is in conformance with any additional requirements for enclosures as established and provided in writing to the owner by the animal control department.
Special events shall mean and include, but are not limited to, circuses, parades, shows, and festivals.
Steel jaw trap shall mean any steel, spring setting, mechanical jaw, leg hold trap or bar device trap designed for the capture of animals.
Unprovoked means that the animal was not hit, kicked, pulled, struck, pinched or squeezed by a person with an object or a part of the person's body, or otherwise teased or tormented in any manner.
Vaccination shall mean an injection of rabies vaccine, which is approved by the United States Department of Agriculture and administered every twelve (12) months by a licensed veterinarian or at an approved anti-rabies clinic for the purpose of immunizing the animal against rabies.
Veterinarian shall mean any person who practices veterinary medicine and is duly licensed by the state board of veterinary examiners.
Veterinary hospital/clinic means any establishment maintained and operated by a licensed veterinarian for the routine care of animals, surgery, diagnosis and treatment of diseases and injuries of animals.
Wild animal shall mean any nondomestic creature (mammal, amphibian, reptile or fowl) which is of a species which is wild by nature, which can normally be found in a natural, unconfined state and is usually not domesticated, or which, because of its size, vicious nature and other characteristics, constitutes a danger to human life or property. Such creatures shall include, but are not limited to, all animals prohibited by the state or federal law and shall include, but are not limited to the following animals:
(1)
Class Mammalia. Order Carnivora, family felidae (such as lions, tigers, jaguars, ocelots, margays, leopards, and cougars) except commonly accepted domesticated cats and hybrids involving same; Family Canidae (such as wolves, coyotes, foxes, dingos, jackals, wolf-dog, and hybrids) except domesticated dogs; Family Mustelidae (such as weasels, martins, fishers, skunks, wolverines, mink, and badgers) except domestic ferrets; Family Procyonidae (raccoons); Family Ursidae (bears); Order Primata (such as gorillas, monkeys, and chimpanzees); Order Marsupialia (kangaroos, wallabies, and common opossums); Order Edentata (sloths, anteaters, and armadillos); Order Rodentia (such as porcupines); Order Ungulata (antelope, deer, bison, and camels); and Order Chiroptera (such as bats).
(2)
Class Reptilia. Family Heldermatidea (venomous lizards); Family Viperidae (rattlesnakes, copperhead snakes, cottonmouth snakes, other pit vipers and true vipers); Family Elapidae (coral snakes, cobras, mambas, and other elapids); the following listed species of Family Colubridae Dispholidus typus (boomslang), Hydrodynastes gigas (water cobra), Bioga (mangrove snake), and Thelotornis (African twig snake); Kirtland's tree snakes; Family Helodermatidae (Gila monsters); and Order Crocodilia (crocodiles, alligators, caimans, and gavials).
(3)
Class Arachnida. Brown recluse spiders (Loxosceles) and black widow spiders (Lactrodectus).
(4)
Class Aves. Order Falconiforms (hawks, eagles, and vultures); Order Strigiforms (owls); and any order within the Class Aves that is illegal to own under federal or state law.
(5)
Animals not listed. The animal control designee may declare any species of animal not listed in this subsection as prohibited if the confinement of the animal within the city can be shown to constitute a threat to public health and safety; and does not mean any bird kept in a cage or aviary that is not regulated by international, federal, or state law, or a gerbil, hamster, guinea pig, or laboratory mouse or rat.
(Ord. No. 2001-01, §§ 1, 2, 3-20-01; Ord. No. 2008-04, § 1(Exh. A), 2-5-08; Ord. No. 2009-14, §§ 1, 2, 6-2-09; Ord. No. 2011-12, § 1, 2-15-11; Mo. of 12-3-13; Ord. No. 2014-26, § 1, 5-6-14; Ord. No. 2015-17, § 1(a)—(d), 6-2-15; Ord. No. 2017-05, § 1(a), 2-21-17)
Editor's note
On Dec. 3, 2013, the city council passed a motion to repeal Ord. No. 2013-52, thereby amending § 3-1, definitions, by removing the terms "domestic cat" and "feral cat."