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 means leaving the animal without making reasonable arrangements for the provision of necessary food, water, shelter or care by another or releasing the animal with the intent to discontinue care.
Abuse means to mistreat through intent or neglect any animal in a manner that causes or is likely to cause stress or physical injury, as provided by Texas Penal Code § 42.11, or as otherwise stated in this chapter.
Animal means a warm-blooded animal including fowl and livestock.
Animal control division or ACD means the animal control division of the police department.
Animal rescuer. See humane organization.
At-large shall apply to any animal that is not restrained by some physical means to the premises of its custodian. However, an animal shall not be considered at-large when held and controlled by some person by means of a leash or while confined within a no-open-bed vehicle or secured by a rope, leash or chain in any open-bed vehicle.
Bite means any abrasion, puncture, or tear of the skin actually caused or suspected of being caused by the teeth or claws of any animal.
Board means the state board of health.
Cat means any member of the Felis catus family.
Commercial animal establishment means a business related to animals that receives payment for goods or services; specifically any pet shop, animal boarding or training facility, grooming shop, animal auction, riding school, stable, zoological park, circus, animal exhibition, kennel or recreational rides including animals, including, but not limited to, horses, camels, donkeys, elephants and cows. Animal rescuers, licensed veterinarians and veterinary hospitals are excluded from this definition.
Cruelly treated includes tortured, seriously overworked, abandoned, deprived of necessary food, care, or shelter, cruelly confined or caused to fight with another animal.
Custodian means a person or agency, including, but not limited to, the owner of an animal that feeds, shelters, harbors, has possession or control of, or has the responsibility to control the animal.
Dangerous animal means any nondomestic creature (mammal, amphibian, reptile or fowl) which is of species that is wild by nature and which can normally be found in the wild state and which is not naturally tame or gentle, but is of a wild nature or disposition; or which, because of its size, vicious nature and other characteristics, would constitute a danger to human life or property, if not kept or maintained in a safe and secure manner. Such creatures include, but are not limited to, all nonhuman primates and all forms of poisonous reptiles and nonpoisonous snakes which will exceed a length of six feet when mature. Excluded from the term "dangerous animal" are hamsters, gerbils, ferrets, domesticated breeds of rabbits, guinea pigs, rats, mice, newts and salamanders.
Dangerous dog means a dog:
(1) That without provocation, bites or attacks a human being or domestic animal, either on public or private property, or that, in a vicious or terrorizing manner, approaches any person on the streets, sidewalks or other public places in an apparent attitude of attack;
(2) With a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
(3) Owned or harbored primarily, or in part, for the purpose of dog fighting, or that has been trained for dog fighting; or
(4) That is determined by the ACD to be a dangerous dog as defined in the Texas Health and Safety Code § 822.041.
Distance between structures means a straight line from the nearest point of the shed, stable, barn, pen, enclosure, fence or area in which the animal is contained, to the nearest point of such actual residence or building used for human habitation.
Dog means any member of the Canis familiaris family.
Enclosure means an area sectioned off by a fence or wall.
Fees can be found in chapter 22.
Feral cat means any cat which lives primarily outdoors and must be trapped and sedated for veterinary examination.
Fowl includes chickens, turkeys, pheasants, quail, guineas, geese, ducks, peafowl and other domestic feathered creatures, except parakeets, canaries, or similar small-size birds weighing less than four ounces, or any exotic birds, such as parrots, provided that they are continuously confined within the residence or business of the custodian.
Harbor means to provide any animal with food, water, or shelter.
Humane organization means any not-for-profit organization that rescues and places animals into permanent homes. Humane organization does not include an entity that breeds animals; or in exchange for payment or compensation, obtains any dog or cat from a person who either breeds dogs or cats or facilitates the sale of dogs or cats that were obtained from a person who breeds dogs or cats.
Kennel means any lot, building structure, enclosure or premises wherein five or more dogs and/or cats of five or more dogs and cats in the aggregate, 16 weeks of age of older, are kept or maintained for profit. Veterinary hospitals and pet shops are excluded from this definition unless the pet shop keeps or maintains ten or more dogs and/or cats 16 weeks of age or older.
Livestock means a horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jennet, hog, sheep, goat, or head of any species of cattle.
Local rabies control authority (LRCA) means the animal control division of the city police department, and specifically the chief of police of the police department.
Microchip means an identifying integrated circuit device placed under the skin of an animal and containing a unique identifying number used by the ACD to cross-reference information regarding that animal, including the identity and address of the custodian, which can be read through the use of a scanner capable of reading information from identifying integrated circuit devices.
Neighboring land means a parcel of land has a property line that falls within 25 feet of any property line of the property in question. The owner of neighboring land shall be determined by the appraisal district records of the appraisal district in which the neighboring land is located.
Neutered means any animal, male or female, rendered incapable of breeding or being bred by castration in the male or spaying or ovarectomy in the female.
Official notice means written notice personally delivered by an animal control officer or mail by certified mail, return receipt requested, addressed to the last-known address of the recipient.
Owner means any person owning one or more animals.
Public nuisance means any condition set forth in article VII of this chapter.
Residence means any place of human habitation at any time, day or night, including, but not limited to, any residence, church, school, convalescent center or nursing home.
Swine means any animal belonging to the Suis species.
Vaccination means an injection of a vaccine which is approved by the U.S. Department of Agriculture, veterinary biologics division, state veterinarian, and administered as required by state law.
(Prior Code, § 3-1; Ord. of 8-24-2010; Ord. No. 026-2019, § 1, 7-9-2019; Ord. No. 034-2022, § 2, 9-13-2022)