As used in this chapter, the following words shall have the meanings herein ascribed to them:
ANIMAL. Any living, vertebrate creature, domestic or wild, other than Homosapiens.
ANIMAL CONTROL OFFICER. A person duly appointed to such position or his or her designee, designated by the city to receive reports of animal bites, investigate bite reports, insure quarantine of possibly rabid animals and otherwise carry out provisions of the Texas law pertaining to control and eradication of rabies.
ANIMAL SHELTER. A place operated by or for the city, whether city facilities or by contract, for the detention of dogs and other animals as prescribed by law.
AT LARGE, RUNNING AT LARGE. Any animal within the city not kept under restraint or upon the property of the owner in an enclosed area.
AUCTION. Any place or facility where animals are regularly bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this section.
CAT. A domesticated member of the Felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other wild animal.
CIRCUS. A commercial variety show featuring animal acts for public entertainment.
DOG. A domesticated member of the Canidae (canine) family other than a wolf, jackal, fox, dingo, coyote, or other wild animal.
DOG or CAT LICENSE. A metal tag for attachment to dog or cat collars, carrying a serial number corresponding to the number of the dog or cat license for such animal, and showing the year the license was issued.
DOMESTIC ANIMAL. Includes all species of animals commonly and universally accepted as being domesticated.
ESTRAY. Any stray livestock.
FOWL. Any turkey, chicken, hen or rooster.
HARBORING. The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter or care.
IMPOUND. To take into custody or to place in the city animal shelter. Impoundment shall begin at the time an Animal Control Officer places an animal into a city-owned or leased vehicle, trailer, or cage.
KENNEL. Any premises upon which 4 or more dogs, 4 months of age or older, are kept; or where the business of buying, selling, breeding, grooming, training or boarding of dogs or cats is conducted. The term does not include veterinary hospitals or humane societies. Such lots shall be located within an appropriately zoned area, and a certificate of occupancy must have been obtained for such use.
LICENSED VETERINARIAN. A veterinarian licensed by the Texas Board of Veterinary Medical Examiners.
LIVESTOCK. Any horse, stallion, mare, gelding, filly, colt, mule, jinny, jack, jennet, sheep, goat, or any species of cattle.
OWNER. Any person, firm or corporation owning, keeping, or harboring 1 or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for more than 3 consecutive days.
PET. Any animal kept for pleasure rather than utility. The term shall include 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 skunks, nonhuman primates and any other species of wild, exotic, or carnivorous animal that may be further restricted in this section.
PET SHOP. A commercial enterprise regularly engaged in the buying, selling, grooming, breeding, or boarding of animals. Such premises shall be located within an appropriately zoned area and a certificate of occupancy must have been obtained for such use.
PUBLIC NUISANCE. Any animal which:
(1) Molests passers-by or passing vehicles;
(2) Attacks other animals or human beings;
(3) Trespasses on school grounds;
(4) Is allowed to run at large;
(5) Damages private or public property;
(6) Is kept in unsanitary conditions; or
(7) Repeatedly barks, howls, or yowls, without provocation or cause.
RESTRAINT. Any animal securely caged, or secured by a leash or lead and under the effective control of a responsible person and obedient to that person's commands, or within the confines of its owner's home or yard which is fully enclosed by a secure and substantial fence. In addition, a dog shall be deemed under restraint in the following circumstances:
(1) When the dog is entered in a bona fide dog show, field trial or exhibition held in the city, while the dog is actually engaged in such show or exhibition.
(2) When the dog is accompanied by and in the presence of its owner, master, or trainer, while the dog is actually engaged in dog obedience training, provided the person training such dog has in such person's possession a leash of at least 5 feet and not more than 10 feet in length and of sufficient strength to control the dog.
(3) When the dog is used by a blind or deaf person to aid such person in going from place to place within the city.
RUNNING AT LARGE. Shall mean not completely confined by a building, wall, or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner's private property, an animal within an automobile or other vehicle and under control of its owner, shall not be deemed "running at large."
SANITARY. Any condition of good order and cleanliness which precludes the likelihood of disease transmission.
STRAY ANIMAL. Any animal for which there is no identifiable owner.
VACCINATED. Properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a licensed veterinarian.
VACCINATION CERTIFICATE. The certificate issued by a licensed veterinarian on a form approved by the Texas Department of Health for presentation to the Animal Control Officer as a condition precedent to the granting of a dog or cat license and showing on its face that, at the time of such presentation, the dog or cat covered thereby has been vaccinated for rabies. Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence thereof, a certificate upon a form furnished by the veterinarian. The veterinarian shall retain a duplicate copy. Such certificate shall contain the following information:
(1) The name, address, and telephone number of the owner of the vaccinated dog or cat;
(2) The date of vaccination;
(3) The type of rabies vaccine used;
(4) The year and number of rabies tag; and
(5) The breed, age, color and sex of the vaccinated dog or cat.
VACCINATION, CURRENT. Vaccinated and satisfying the following criteria:
(1) The animal must have been at least 3 months of age at the time of vaccination;
(2) At least 30 days have elapsed since the initial vaccination; and
(3) Not more than 12 months have elapsed since the most recent vaccination, unless tri-annual vaccination which will be 36 month interval.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries to animals.
VICIOUS ANIMAL. Any individual animal or species that has on 2 previous occasions without provocation attacked or bitten any person or other animal, or any individual animal which the Animal Control Officer has reason to believe has a dangerous disposition, or any species of animal which the Animal Control Officer has reason to believe has a dangerous disposition likely to be harmful to humans or other animals. Dangerous disposition means any animal, which has attacked any person, or animal, and has caused severe injury to the body or organs or dismemberment or death. This shall not include any guard dog in a commercial establishment that uses guard dogs for protection purposes.
WILD ANIMALS. Any mammal, amphibian, reptile or fowl which is not naturally tame or gentle, but is of a wild nature or disposition; or because of its size, vicious nature, or other characteristics would constitute a danger to human life, other animals, or property if not kept or maintained in a safe manner or in secure quarters. Wild animals shall include, but are not limited to, lions, tigers, bears, skunks, foxes, coyotes, wolves, raccoons, snakes, bobcats, alligators, apes and all forms of poisonous animals.
(Ord. 599, passed 9-6-2005
; Am. Ord. 656, passed 1-7-2008
)