§ 90.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMAL. Any warm-blooded vertebrate creature, domestic or wild, excluding the human species.
   ANIMAL CONTROL OFFICER. Any person designated by the City Manager.
   CAT. A domestic feline of either sex, including one neutered or sterilized. Adult cat means any cat over the age of six months.
   DOG. A domestic canine of either sex, including one neutered or sterilized. Adult dog means any dog over the age of six months.
   DANGEROUS ANIMAL.
      (1)   Any animal which because of its physical nature and vicious propensity is capable of inflicting serious physical harm or death to human beings and would constitute a danger to human life or property; or
      (2)   Any animal which has behaved in such manner that the owner thereof knows or should reasonably know that the animal is possessed of tendencies to attack or bite human beings or other animals;
      (3)   Any animal certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life, animal life, or property upon the basis of a reasonable medical probability; or
      (4)   Any animal that commits an unprovoked attack on a person or animal on public or private property. An "unprovoked" attack by an animal shall mean that the animal was not hit, kicked, or struck with an object or part of a person's body nor was any part of the animal's body pulled, pinched, or squeezed by a person; or
      (5)   Any individual domestic animals of any species that has on a previous occasion or occasions, without provocation, attacked any person or other domestic animals.
   DOMESTIC ANIMAL. Dog, cat. Does not include hybrid animals resulting from crossing wild with domestic species.
   FENCE. The erection of any structure of wood, wire, wood and wire, or any other material that encloses land on all sides or only on one or more sides. An underground or invisible FENCE shall not be considered a primary object of confinement; however, it may be utilized as a secondary containment.
   HARBORING. The act of keeping and caring for an animal or of providing a premise to which the animal returns regularly.
   LOCAL HEALTH AUTHORITY. The reporting agent or his designee for the purposes of rabies control, whose duties consist of the following:
      (1)   Receiving reports of animal bites and scratches to humans;
      (2)   Receiving reports of suspected rabid animals;
      (3)   Investigation of reported animal bites and scratches and suspected rabid animals;
      (4)   Ordering quarantine, if appropriate, of any animal which may have exposed an individual to rabies or which may be rabid;
      (5)   Enforcement of all ordinances and/or rules of the city pertaining to rabies and animal control;
      (6)   Enforcement of the provisions of state law and administrative rules of the Texas Board of Health pertaining to rabies and animal control.
   OWNER. Any person, firm, or corporation having title to any animals; or who has, harbors, or keeps, or who causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises.
   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 of Texas.
   RUN AT LARGE. Not completely confined by a building, wall, or fence of sufficient strength or construction to restrain the animals except when such animal is either on a leash or held in the hands of the owner or keeper, or under supervision of the owner within the limits of the owner's private property. An animal not under restraint and intruding upon the property of a person other than its owner shall be termed "running at large." An animal within an automobile or other vehicle of its owner shall not be deemed "running at large."
   SECURE ENCLOSURE. 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.
   STRAY ANIMAL. Any animal for which there is not an identifiable owner or harborer or any animal which does not exhibit evidence of vaccination and/or license.
   WILD ANIMAL. Any poisonous or dangerous reptile, or any other animals which can normally be found in the wild state and not normally capable of being domesticated, including, but not limited to, skunks, foxes, leopards, panthers, tigers, lions, and lynx, unless certified for medical, biological, herpetological or other scientific research or study.
(Ord. 98-014, passed 5-26-98; Am. Ord. 02-015, passed 4-23-02; Am. Ord. O-2021-002, passed 1-26-21)