As used in this chapter, the following words shall have the meanings ascribed to them in this section.
ADEQUATE ENCLOSURE.
(1) Means an enclosure or structure that complies with all of the requirements of § 6-13(b) of this code and is completely surrounded by a substantial fence or other structure of sufficient strength, height, construction, materials and design as to prevent the domestic animal from escaping from the area and to isolate the animal from the public and other animals outside of the enclosure.
(2) ADEQUATE ENCLOSURE does not mean enclosure or confinement by an invisible or electronic fence.
ADOPTION OF A DOG OR CAT. The release of the animal from the care, custody, control or ownership of the animal care and control center to a person who agrees to assume ownership responsibilities for the care of that animal as defined in this chapter.
AGGRESSIVE DOG. Any dog that has:
(1) Made an unprovoked attack on another domestic animal that causes bodily injury to the animal and occurs in a place other than an enclosure in which the dog was being kept;
(2) On more than one occasion, bitten one or more persons who are lawfully inside the dog's enclosure;
(3) Repeatedly attempted, successfully or unsuccessfully, to climb over, dig under, chew through, break or otherwise escape from its enclosure in an attempt to attack, chase or harass a person or another domestic animal as observed by a person charged with enforcing this chapter; or
(4) Committed unprovoked acts that would cause a person to reasonably believe that the dog will attack and cause bodily injury to a person or domestic animal.
ANIMAL. Any living, vertebrate creature, domestic or wild, other than homo sapiens.
ANIMAL CARE AND CONTROL AUTHORITY. A municipal animal care and control division which is authorized to enforce the provisions of this chapter.
ANIMAL CARE AND CONTROL CENTER. Any facility operated by the city for the purpose of impounding and caring for animals as prescribed by law.
ANIMAL CARE AND CONTROL OFFICER. The director and his or her authorized agents or employees of the animal care and control division.
ANIMAL ESTABLISHMENT. Any pet shop, kennel, grooming shop, auction, performing animal exhibition or other facility engaged in the handling of domestic animals, excluding veterinary clinics, hospitals, animal shelters and individuals caring for animals in their private residence in compliance with the terms of this chapter.
ANIMAL SHELTER. A facility that keeps or legally impounds stray, homeless, abandoned or unwanted animals.
APPLICABLE FEES. Those reasonable charges incurred for the care and maintenance provided by the animal care and control center for impounded animals.
ASSISTANCE ANIMAL. An assistance or service animal as defined under Tex. Hum. Res. Code § 121.002.
AT LARGE or RUNNING AT LARGE. Any animal not kept under restraint.
BODILY INJURY. Physical pain, illness or any impairment of physical condition.
CAT. A commonly domesticated member of the Felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar or other prohibited animal.
CIRCUS. A commercial variety show featuring animal acts for public entertainment.
CITY. The City of Fort Worth.
DANGEROUS ANIMAL. An animal, other than a dog, that the director determines to be or that may become a danger to human life, health, or safety.
DANGEROUS DOG. A dog that:
(1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than the enclosure in which the dog is normally kept or was being kept; or
(2) Commits unprovoked acts in a place other than the enclosure in which the dog is normally kept or was being kept and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
DIRECTOR. The director of the City of Fort Worth code compliance department or the director's designee.
DOG. A commonly domesticated member of the Canidae (canine) family, other than a wolf, jackal, fox, dingo, coyote or other prohibited canines.
DOG TETHERING. Using a chain, rope, tether, leash, cable or other device to attach a dog to a stationary object or trolley system.
DOMESTIC ANIMAL. Includes livestock, caged or penned fowl other than raptors, normal household pets, such as, but not limited to, dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish or small, nonpoisonous reptiles, snakes or amphibians.
EMU. A member of a family of ratite fowl.
FERAL CAT. Any homeless, wild or untamed cat.
FOWL. Any bird.
GUARD DOG. Any dog which has been trained for the purpose of protecting property by a guard dog company which is required to be licensed pursuant to Tex. Occ. Code Ch. 1702, as amended from time to time.
HIGH RISK ANIMALS. Animals which have a high probability of transmitting rabies, including but not limited to, skunks, bats, coyotes and raccoons.
IMMEDIATE CONTROL. Within the owner's observation and in such close proximity as to permit the owner reasonable opportunity to control the animal should it become necessary to do so in order to protect the animal, a human or another animal from harm.
IMPOUND. To take an animal into custody by the city or the director; impoundment begins at the time any animal care and control officer, police officer or the director takes control of an animal.
INSTITUTION OF HIGHER EDUCATION. As defined by Tex. Educ. Code § 61.003(8), as amended from time to time.
INTACT ANIMAL. An unaltered or unsterilized animal.
KENNEL. Any premises in which four or more dogs three months of age or older are kept; or where the business of buying, selling, breeding, grooming, training or boarding of dogs is conducted; does not include veterinary clinics or hospitals, or humane societies.
LICENSED VETERINARIAN. A human being authorized to practice veterinary medicine who is currently licensed by the Texas Board of Veterinary Medical Examiners.
LIVESTOCK. Cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, including elk and elk hybrids or emu, ostrich or rhea, and hogs, unless otherwise defined.
LOCAL RABIES CONTROL AUTHORITY. The director of the code compliance department as designated by the city under the Tex. Health & Safety Code § 826.017 or his or her designee.
LOW RISK ANIMALS. Animals which have a low probability of transmitting rabies, including but not limited to, all animals of the orders Marsupialia, Insectivora, Rodentia, Lagomorpha and Xenarthra.
MICROCHIPPED. An animal that:
(1) Has an identifying microchip implanted; and
(2) The animal, owner and microchip are registered with a national microchip registry.
MINIATURE SWINE. Any member of the swine family which has, through selective breeding, been genetically manipulated so as to attain a maximum height of 20 inches at the shoulder and a maximum weight of 120 pounds.
OSTRICH. A member of a family of ratite fowl.
OWNER. Any person who owns, keeps, shelters, maintains, feeds, harbors or has temporary or permanent custody of a domestic or prohibited animal, or who knowingly permits a domestic or prohibited animal to remain on or about any premises over which that person has control. The term shall include a person who harbored, fed or sheltered the animal for three consecutive days or more.
PERSON. An individual, association, partnership, corporation, trust, estate, joint-stock company or foundation.
PET. Any animal kept for pleasure rather than utility or a service animal.
PET SHOP. A commercial enterprise regularly engaged in the buying, selling, grooming, breeding or boarding of animals.
PLACES OF PUBLIC ASSEMBLY. Any place where people congregate, such as public buildings, parks, schools, flea markets and recreations areas; does not include a private residence, residential or commercial street.
PROHIBITED ANIMAL.
(1) Any wild or exotic animal or any animal not normally born and raised in captivity, including, but not limited to, the following:
a. Reptiles: venomous lizards, venomous snakes, crocodiles, alligators, caimans and gharial;
b. Mammals:
1. Felines (such as lions, tigers, bobcats, jaguars, leopards and cougars), except commonly domesticated cats;
2. Canines (such as wolves, dingos, coyotes, foxes and jackals and any hybrid of a canine), except commonly domesticated dogs;
3. Mustelids (such as weasels, skunks, martins, minks, badgers and otters) except ferrets;
4. Procyonids (such as raccoons and coati);
5. Bears;
6. Marsupials (such as kangaroos, opossums, koala bears, wallabies, bandicoots and wombats);
7. Bats;
8. Sloths, anteaters, armadillo, and related species;
9. Elephants;
10. Primates (such as monkeys, chimpanzees, orangutans and gorillas);
11. Rodents (such as beavers and porcupines), except commonly domesticated rodents kept as pets including hamsters, gerbils, guinea pigs, rats, mice, and chinchillas; and
c. Amphibians: poisonous frogs.
(2) Does not include nonpoisonous reptiles or nonpoisonous amphibians.
(3) Does not include livestock, fowl or normal household pets, such as, but not limited to, dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish or small, nonpoisonous reptiles, snakes or amphibians.
PROPERLY FITTED WITH RESPECT TO A COLLAR OR OTHER NECK RESTRAINT. A collar or other neck restraint that measures the circumference of a dog's neck plus at least one inch. With respect to a harness, PROPERLY FITTED means a harness that is of an adequate size, design and construction as appropriate for the dog's size and weight.
PUBLIC NUISANCE. Whatever is declared by the director to be dangerous to human life, health or welfare, or to threaten to become detrimental to the public health or welfare.
QUARANTINE. Strict confinement of an animal specified in an order of the director or his or her designee: (1) on the private premises of the animal's owner or at a facility approved by the director or his or her designee; and (2) under restraint by closed cage or paddock or in any other manner approved by the animal care and control authority. The quarantine period for a dog, cat or a domestic ferret in rabies quarantine is ten days from the date of exposure, or as recommended by the regional veterinarian of the Texas Department of Health.
RABIES. An acute viral disease of humans and animals affecting the central nervous system and usually transmitted by an animal bite.
RELEASING AGENCY. Animal care and control center, animal shelter or nonprofit organization engaged in caring for animals.
RESTRAINT. An animal is under RESTRAINT when the owner or responsible person exercises diligent care and control of his or her animal and:
(1) It is kept in an adequate enclosure or an appropriately sized portable cage with top, bottom and sides of sufficient strength, height, construction, materials and design as to prevent the animal from escaping; or
(2) It is accompanied by its owner or trainer at a bona fide dog show, field trial or exhibition; or
(3) It is secured by a leash; or
(4) It is under the immediate control of its owner or responsible person; and
a. Is subject to and responsive to the verbal, visual or other commands of the owner or other person asserting control of the animal; and
b. Is not on a street or sidewalk within a residential area or a residentially zoned district; and
c. Is not in violation of § 20-426(i), prohibited conduct during events; and
d. Is not in violation of § 24-9, dogs to be on leash in city parks and recreation areas; and
e. Is not in violation of this chapter or any other ordinance or law; or
(5) It is under the immediate control of its owner or responsible person and it is a service animal in the performance of duty; or
(6) It is a guard dog in the performance of duty in an enclosed building or securely fenced and locked area which is marked on all sides with signs in four-inch letters stating "Guard Dog" and clearly visible to the public; or
(7) It is a cat on the boundaries of the premises of the person who has charge, care or ownership of the cat.
RHEA. A member of a family of ratite fowl.
SANITARY. Any condition of good order and cleanliness which discourages and limits disease transmission.
SECURE ENCLOSURE. An enclosure which meets all of the requirements of an adequate enclosure and is of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dangerous animal in conjunction with other measures which may be taken by the owner. Such enclosure is securely enclosed and locked and designed with secure sides, top and bottom and is designed to prevent the animal(s) from escaping from the enclosure. A building, including a residence, may be a secure enclosure if it meets all elements of this definition.
SERIOUS BODILY INJURY. An injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonable prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.
SERVICE ANIMAL. An assistance or service animal as defined under Tex. Hum. Res. Code § 121.002.
STERILIZATION. Surgical or chemical treatment of the reproductive organs of a dog or cat to render the animal unable to reproduce.
STRAY. An animal which is roaming with no restraint beyond the premises of an animal's owner or keeper.
TRAP, NEUTER AND RETURN (TNR) PROGRAM. A program authorized by the city in which stray cats are trapped, sterilized, vaccinated, eartipped and returned to an approved person.
UNPROVOKED ATTACK BY A DOG. An incident in which a dog that attacked a human being or an animal was not hit, kicked or struck by a human being with any object or part of a human being's body, nor was any part of the dog's body, directly or indirectly, struck, pulled, pinched or squeezed by a human being or other animal, nor was the dog cornered, beckoned, held, taunted or teased by any human being, nor was the attacked human being or other animal in the dog's territory on the property of the dog's owner at the time of the attack.
VACCINATED ANIMAL. Unless otherwise indicated, a vaccinated animal:
(1) Which has been vaccinated against rabies with a vaccine licensed by the United States Department of Agriculture (USDA) for that species at or after the minimum age requirement and using the recommended route of administration for the vaccine; and
(2) Which has been vaccinated against rabies by or under the direct supervision of a licensed veterinarian; and
(3) The time elapsed since the most recent vaccination has not exceeded the recommended interval for booster vaccination as established by the manufacturer.
VACCINATION CERTIFICATE. The certificate issued by a licensed veterinarian on a form approved by the Texas Department of Health.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries to animals.
ZOOLOGICAL PARK. Any permanent collection of living animals for public display, other than a pet shop or kennel, displaying or exhibiting one or more species of animals.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)