For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Unless otherwise stated, includes 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 ESTABLISHMENT. An establishment offering small animals such as dogs, cats, birds, fish, ferrets, and other similar animals which are not dangerous wild animals or livestock, for sale, and that is located within the corporate limits of the city. This term does not include veterinary or medical facilities, research or other facilities licensed by government agencies, wildlife educational center, adoption agencies, or zoological park.
ANIMAL SERVICES DIVISION. The animal control authority for the city, Texas, responsible for receiving all reports of animal bites and suspected rabid animals, investigating all reports of animal bites and suspected rabid animals, ordering quarantine, and other duties to enforce this chapter.
ANIMAL SERVICES OFFICER. Any city employee or its designee as determined by the City Manager of Cleburne, which is authorized to represent and act under the authority of the city to enforce the provisions of this chapter.
AT LARGE.
(1) On premises of owner. Any animal not confined to the premises of the owner by a containment device or some physical means of sufficient height, strength, length, and/or manner of construction to preclude the animal from leaving the premises of the owner.
(2) Off premises of owner. Any animal which is not physically and continually restrained by some person, by means of a leash or chain of proper strength and length to preclude the animal from making unsolicited contact with any person, their clothing, their property, and/or their premises.
(3) Provided however, that the following animals shall not be at large:
(a) An animal confined within a cage, automobile, truck, or other vehicle of its owner;
(b) An animal in any city-designated dog park so long as it is in compliance with all posted rules and other requirements of this chapter;
(c) An animal used by a peace officer for law enforcement purposes;
(d) A search and rescue dog participating in authorized search and rescue activities or search and rescue training; or
(e) An animal participating in an organized event as permitted by the city.
CAT. A domestic feline of either sex, regardless of age, including one neutered or sterilized, alive or dead.
COMMERCIAL PURPOSE. Shall include, but not be limited to, intent to sell, trade, barter, lease, rent or give away any live animal.
DANGEROUS ANIMAL.
(1) An animal that commits an unprovoked attack on a human being that causes bodily injury, serious bodily injury, or death and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; and/or
(2) An animal that commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person.
(3) An animal that makes an unprovoked attack on a domestic animal, which occurs when the attacking animal is at-large.
DOG. A domestic canine of either sex, regardless of age, including one neutered or sterilized, alive or dead.
DOMESTIC ANIMAL. Includes the following species: dog and cat. This term does not include hybrid animals resulting from crossing wild with domestic species.
EXIGENT CIRCUMSTANCES. An existing event or circumstance where there is necessity to act immediately to protect or preserve life or to prevent serious injury to a person or an animal where the animal owner cannot be located.
FOWL SHELTER. A farm building or structure specifically designed and constructed to constrain fowl within its confines that provides adequate space for movement and exercise; adequate ventilation, and shelter from sun, wind, cold, and moisture; provides sufficient shade to protect the animal from the direct rays of the sun at all times; and which is cleaned and sanitized. FOWL SHELTER may include, but is not limited to: a pen, coop or hutch.
HARBORING. The act of keeping and caring for an animal or providing a premises to which the animal returns for food, shelter or care for a period of three days.
LIVESTOCK. Include but is not limited to horses, cattle, sheep or goats, large fowl such as emus, grazing animals such as llamas or alpacas.
MICROCHIP. An identification chip typically implanted under the skin between the shoulders of an animal for the purpose of identifying its owner.
MOLEST. The act of harassing, annoying, pestering, chasing, or interfering.
NUISANCE ANIMAL. Nuisance animal shall mean any animal which negatively impacts the health, safety, property, or environment of another animal or person, including, but not limited to, any animal which:
(1) Molests passersby or passing vehicles;
(2) Attacks other domestic animals;
(3) Trespasses on school grounds;
(4) Is at large three or more times in a one year period;
(5) Climbs upon a motor vehicle not belonging to the animal's owner;
(6) Damages public property or private property not belonging to the animal's owner;
(7) Barks, whines, or howls in an excessive, continuous, or untimely fashion without provocation and thereby disturbs the peace or the calm and repose of any person of ordinary sensibilities who occupies surrounding properties;
(8) Tears, punctures, or otherwise opens refuse containers, causing their contents to be emptied or exposed to the elements;
(9) Causes fouling of the air by odor, thereby creating an unreasonable annoyance or discomfort to a person of ordinary sensibilities in close proximity to the premises where the animal is kept or harbored;
(10) Defecates on any property except that belonging to the animal's owner; or
(11) Interferes with refuse collection or other service personnel.
OCCUPIED BUILDING. A building occupied by a person.
OWNER. Any person who has right of property in an animal or who harbors any animal or allows an animal to remain about their premises for a period of three days.
PET ANIMAL. Includes dogs, cats, rabbits, rodents, birds, reptiles and any other species of animal which is sold or retained as a household pet, but shall not include any species of wild, exotic, or carnivorous animal that may be further restricted in this chapter.
POLICE DEPARTMENT. The City of Cleburne Police Department and police officers who shall have the same powers and authority as vested in the Animal Services Division and animal services officers.
RABIES VACCINATION. The vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the United States Department of Agriculture and administered by a veterinarian licensed by the state.
SECURE ENCLOSURE. An enclosure suitable to prevent entry of other animals or young children, and suitable to confine a female in heat. Such enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be designed to prevent animal(s) from escaping or gaining access to the enclosure.
SHELTER. A species-appropriate structure with three solid walls, a solid floor, and a roof, that is capable of withstanding the elements, protects the animal from excessive heat and cold and other adverse weather conditions, is adequately ventilated, and is of sufficient size for the animal to stand, turn around, sit up, and lie down in a natural manner.
SPAY OR NEUTER. The surgical removal of the reproductive organs of a dog or cat or the use of nonsurgical methods and technologies approved by the United States Food and Drug Administration or the United States Department of Agriculture to permanently render a dog or cat unable to reproduce.
STRAY ANIMAL. Any animal for which there is not an identifiable owner.
TRACEABLE IDENTIFICATION. Any animal having a rabies tag, microchip, or other tag that allows for an identifiable owner.
UNPROVOKED ATTACK. Relating to an attack by an animal, shall mean that the animal was not hit, kicked or struck by a person with any object or part of a person’s body, nor was any part of the animal’s body pulled, pinched or squeezed by a person.
WILD ANIMAL. Any mammal native to North America, including feral species, except the domestic species dog, cat, horse, cow, pig, sheep and goat.
('68 Code, § 5-1) (Ord. 3-1989-10, passed 3-21-89; Am. Ord. 09-2016-47, passed 9-27-16; Am. Ord. 01-2017-08, passed 1-24-17; Am. Ord. 07-2021-32, passed 7-13-21)