For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To leave unattended for more than 72 hours or without making reasonable arrangements for assumption of custody by another person.
ANIMAL. Any living creature, including but not limited to dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock, but specifically excluding human beings.
ANIMAL CONTROL AUTHORITY (ACA). Any individual employed, contracted with, designated or appointed by the city for the purpose of aiding in the enforcement of this chapter or any chapter relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
ANIMAL FOSTER HOMES. A residential dwelling that accepts the responsibility for stewardship of animals through an affiliation with a public or private animal shelter or animal welfare organization, not to exceed six foster animals at any given time. Permits to operate as a foster home shall be unexpired and issued by the city.
ANIMAL SHELTER. A facility operated by the city or with which the city has contracted for the purpose of impounding or caring for animals held under the authority of ordinance or state law.
AT-LARGE. When an animal is not confined to the premises of its owner by a fence in good repair and of sufficient strength and/or height to prevent the animal from escaping there from, inside the residence or other enclosure, or secured on such premises by a leash of sufficient strength to prevent the animal from escaping from the premises, and so arranged that the animal will remain upon such premises when the leash is stretched to full length in any direction. An animal shall not be considered AT-LARGE when held and controlled by a person of adequate strength by means of a device, such as a leash, cord, chain, or rope, in good repair and of proper strength and length to control the action of the animal, or while confined within a vehicle. An invisible fence will suffice as sufficient restraint so long as the animal is not found outside the premises of the owner.
BITE. Any abrasion, scratch, puncture, tear causing the breaking or piercing of skin caused by an animal.
CAT. All domestic species or varieties of Felis catus, male or female, alive or dead.
DANGEROUS DOG. Any dog that, according to the records of the appropriate authority:
(1) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;
(2) Has more than once severely injured or killed a domestic animal while off the owner's property;
(3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
(4) Has, when provoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.
DANGEROUS WILD ANIMAL. (As defined in the Tex. Health and Safety Code § 822.101.)
(1) A lion;
(2) A tiger;
(3) An ocelot;
(4) A cougar;
(5) A leopard;
(6) A cheetah;
(7) A jaguar;
(8) A bobcat;
(9) A lynx;
(10) A serval;
(11) A caracal;
(12) A hyena;
(13) A bear;
(14) A coyote;
(15) A jackal;
(16) A baboon;
(17) A chimpanzee;
(18) An orangutan;
(19) A gorilla; or
(20) Any hybrid of an animal listed in this definition.
DOG. All domesticated members of Canis lupus familiaris, male and female, alive or dead.
ENFORCEMENT OFFICERS. Those authorized to enforce the provisions of this chapter, including but not limited to the local animal authority representative, any animal control authority, or any police officer.
FARM ANIMALS. Animals that are commonly found on a farm, such as cattle, horses, donkeys, mules, swine, sheep, goats, lambs, chickens, rabbits, and other livestock.
HARBORING OF ANIMALS. The keeping and caring, including but not limited to feeding and providing water, for an animal.
HUMANELY EUTHANIZE. To cause the death of an animal by a method which:
(1) Rapidly produces unconsciousness and death without visible evidence of pain or distress; or
(2) Utilizes anesthesia produced by an agent which causes painless loss of consciousness with death following such loss of consciousness.
IMPOUND. To seize and hold in custody of the animal control authority or other authority such as a veterinarian.
INVISIBLE FENCE. Any fence which cannot be seen with the human eye but that is designed to keep an animal enclosed in a space. Such invisible fence must not be capable of causing pain or discomfort to any human being that crosses its path.
LAW ENFORCEMENT OFFICER. Any peace officer as defined in the Tex. Code of Criminal Procedure, Article 2.12.
LITTER. The offspring at one birth of a multiparous animal.
LIVESTOCK. Horses, mules, cattle, poultry, hogs, goats and sheep of any and all kinds, fallow deer, llamas, alpacas, emus and ostriches, and shall include both the male and female species of such animals.
LOCAL HEALTH AUTHORITY. The local health authority is designated as the animal control authority (ACA) and has authority to appoint representatives to enforce the provisions of this chapter and to receive reports of animal bites, investigate animal bites, ensure quarantine of possibly rabid animals and otherwise carry out provisions of the state law pertaining to control and eradication of rabies. This term includes animal control authority, law enforcement officers and enforcement officers, including their respective designees.
OBSERVATION PERIOD. The ten days following a biting incident during which an animal's health status must be monitored.
OWNER. A person, who harbors, keeps, possesses, or permits to be harbored, kept, or possessed an animal in his or her care, on or about his or her premises, without regard to title, purchase, or acceptance of the animal as a gift.
PERSON. Any individual, firm, association, partnership, or corporation or any other legal entity.
POLICE ANIMAL. Any animal used by a law enforcement agency or its officers in the administration of official duties.
PREMISES. Land together with any buildings or structures situated thereon.
PROHIBITED ANIMAL. An animal not normally considered domesticated, including, but not limited to, a venomous lizard, poisonous snake, raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, white tail or mule deer, any protected, threatened, or endangered species as defined by the state parks and wildlife commission and the U.S. Fish and Wildlife Service, or any other wild animal capable of, or inclined to do, serious bodily harm to humans, other animals or fowl.
PROPER ENCLOSURE OF A DANGEROUS DOG. Secure enclosure of a dangerous dog, means a fenced area or structure that is:
(1) Locked;
(2) Capable of preventing the entry of the general public, including children;
(3) Capable of preventing the escape or release of a dog;
(4) Clearly marked as containing a dangerous dog; and
(5) In conformance with the requirements for enclosures established by the local animal control authority.
QUARANTINE. Strict confinement under restraint by closed cage or paddock or in any other manner approved in this chapter or state law on the private premises of the owner or at a facility approved by the state board of health or its designee, the local animal control authority, or at a veterinarian's office.
SEVERE INJURY. Any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
STRAY ANIMAL. Any animal for which there is no identifiable owner or harborer.
UNPROVOKED. An action by an animal that is not in response to being tormented, abused, teased or assaulted by any person; in response to pain or injury; or in protection for itself or its food, kennel, immediate territory, or nursing offspring.
VACCINATED. Properly injected with a rabies vaccine licensed for use in that species by the U.S. Department of Agriculture and administered by a veterinarian licensed to practice in the state in an amount sufficient to provide an immunity.
VETERINARIAN. A person licensed to practice veterinary medicine.
VICIOUS ANIMAL. Any individual animal that has on two previous occasions, without provocation, attacked or bitten any person or other animal, or any individual animal which the local health authority or his or her representative has reason to believe has a dangerous disposition likely to be harmful to humans or other animals.
WILD ANIMAL. Includes all species of animals that commonly exist in a natural unconfined state and are usually not domesticated. This shall apply regardless of state or duration of captivity. The term shall include but is not limited to: foxes, panthers, wolves, alligators, crocodiles, apes, elephants, rhinoceroses, and all forms of poisonous or constricting reptiles, and other like animals. This term is also inclusive of the definition in § 822 of the Tex. Health and Safety Code.
(Ord. 03172021, passed 3-16-2021)