§ 90.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADEQUATE SHELTER.  A structurally sound, moisture-proof and wind-proof shelter large enough to enable the animal or fowl to move freely, having enclosed walls or sides, a doorway of such size the animal can enter, a roof, and a solid level floor to which the animal may seek refuge from moisture, wind and excessive heat or cold, and maintained in a clean, sanitary and healthy manner so that the animal or fowl need not stand, sit or lie in excrement.
   ADULT.  The same meaning as set forth in Tex. Family Code § 101.003.
   ANIMAL.  A living being of the biological kingdom Animality, having a capacity for spontaneous
movement and rapid motor response to stimulation, and not of a species having a capacity for articulate speech.
   ANIMAL SERVICES OFFICER.   Any person designated by the city as an employee who is authorized and qualified to perform animal control duties under the laws of the city.
   ANIMAL SHELTER.  Any facility operated by a humane society or the city or its authorized agents, or contracting facility for the purpose of impounding or caring for animals held under the authority of this chapter.
   AT LARGE.  Off the premises of the owner and not under the complete control, either by leash, cord, chain, or similar method of physical restraint of a person having charge of the animal or on the premises of the owner and neither confined to the premises by means of a leash, cord, chain, or enclosure, nor within the direct, constant, and immediate presence of a person having effective verbal command of the animal.
   BACKYARD CHICKEN.  A female chicken (hen) which is possessed or harbored to provide eggs and egg production for personal consumption by persons residing on the lot or tract where the backyard chicken is kept.
   CHICKEN COOP. An enclosed structure constructed with three or more sides, with a roof or other cover capable of allowing chickens kept inside the coop to remain dry and protected from the elements and which provides direct access by an enclosed passage between the roosting area and any adjacent exercise yard. A CHICKEN COOP must have a floor and a door that allows the chickens to move back and forth between the chicken coop and the adjacent exercise yard.
   COMMUNITY CAT. A member of the domestic species Felis Catus and shall mean a free-roaming cat who may be cared for by one or more residents of the immediate area who is/are known or unknown; a community cat may or may not be feral. Community cats are not wildlife.
   COMMUNITY CAT CAREGIVER. A person who, in accordance with a pursuant to a policy of Trap- Neuter-Return, provides care, including food, shelter, or medical care to a community cat, while not being considered the owner, harborer, controller, or keeper of a community cat.
   CURRENT VACCINATION. Means that the animal was:
      (1)   Vaccinated by the time the animal is 16 weeks of age, or within 30 days of acquisition if the animal is over 16 weeks of age when acquired; and
      (2)   After the initial vaccination, re-vaccinated against rabies within the last year if the most recent vaccination was of the 12-month variety, or within the last three years if the most recent vaccination was of the 36-month variety.
   DANGEROUS DOG. A dog that:
      (1)   By means of angry, threatening, or aggressive behavior demonstrates the apparent ability and inclination to attack, injure or kill a human being or domestic animal without provocation;
      (2)   Attacks a human being or domestic animal without provocation;
      (3)   Has behaved in such a manner that the owner thereof knows or should reasonable know that the dog is possessed of vicious tendencies;
      (4)   Is certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life or property upon the basis of reasonable medical probability; or
      (5)   Is described by Tex. Health and Safety Code, § 822.041, as amended from time to time.
   DOMESTIC ANIMAL. An animal that is domesticated or kept in captivity, such as for a pet or for farm produce, rather than living in a wild or feral state.
   EAR TIP. The removal of the distal one-quarter of a community cat’s left ear, which is approximately -inch, or 1-cm, in an adult and proportionally smaller in a kitten. This procedure is performed under sterile conditions while the cat is under anesthesia, in compliance with any applicable federal or state law, and under supervision of a licensed veterinarian. Ear tips are designed to identify a community cat as being sterilized and lawfully vaccinated for rabies.
   EXERCISE YARD.  An enclosed pen outside of the chicken coop in which chickens can move about in a confined space. The EXERCISE YARD must be covered with wire or solid material to ensure that chickens remain confined and are unable to escape. An EXERCISE YARD must have more than ten square feet of surface area for each backyard chicken that is kept within the exercise yard and shall not exceed a total of 120 square feet in area.
   FOWL.  A bird of any kind.
   HUMANE SOCIETY.  An organization regarded as nonprofit founded for the prevention of cruelty to animals and education of the public.
   KEEP.  To retain on the premises by any means; to harbor, to control, own, or have custody or possession of.
   KENNEL.  A place in which five or more dogs or cats at least six months-of-age are kept, boarded, or trained, by the owners of the dogs or cats or by persons providing facilities and care, with or without compensation.
   MAINTAIN.  To feed, shelter, protect, provide for, or bear the expense of.
   OWNER.  Any person, firm, association, partnership, or corporation owning, keeping, in charge of, in control of, or harboring one or more animals.
   PET SHOP.  Any person, firm, partnership, or corporation conducting a business at a properly-zoned location, whether operated separately or in connection with another business enterprise other than a kennel, that buys, sells, or boards any animal.
   PROVOCATION. The act of purposely stimulating, inciting, agitating or disturbing an animal.
   RESIDENCE.  A house, apartment, room. or duplex inhabited as the principal dwelling place of a person or persons.
   RESIDENTIAL BUILDING.  A structure or building designed, constructed, or converted for use as a residence.
   SECURE ENCLOSURE. Has the same meaning as provided in Tex. Health and Safety Code, § 822.041, as amended from time to time. The enclosure must have secure sides and a top that will protect the animal from the elements. All sides must be embedded at least two feet into the ground unless the bottom is adequately secured to the sides. The enclosure shall not be less than five feet by ten feet and not less than six feet high. Nothing herein will be construed to permit a structure or fence otherwise prohibited by law.
   SERIOUS BODILY INJURY. The meaning as provided in Tex. Health and Safety Code, § 822.001, as amend from time to time.
   SHELTER MANAGER.   Any person designated by the city as the employee who is responsible for administering the city’s animal shelter.
   SHELTER-NETUER-RETURN. The involvement of the shelter in Trap-Neuter-Return program with cats impounded in the shelter, to include, sterilizing, vaccinating for rabies, ear tipping, microchipping, and returning community cats to their environment.
   STERILIZATION.  The surgical procedure which renders the animal incapable of reproducing its own kind.
   TRAP.   Any device placed by city animal services personnel, employed or used in the capture of animals, which is not under the constant supervision of an employee and which functions in such a manner as to confine any animal entering the same.
   TRAP-NEUTER-RETURN. The process of humanely trapping, sterilizing, vaccinating for rabies, ear tipping, microchipping, and returning community cats to their original location.
   VACCINATION. Rabies vaccination performed by or under the direct supervision of a veterinarian licensed to practice in the State of Texas using a vaccine licensed by the United States Department of Agriculture for use in that species and administered according to label instructions.
   VETERINARIAN.  A person trained in, and licensed by the state to practice, the branch of medicine dealing with the investigation, treatment, and prevention of diseases in animals.
(Ord. 92-08, passed 4-23-92; Am. Ord. 2005-17, passed 6-28-05; Am. Ord. 2008-10, passed 4-8-08; Am. Ord. 2009-03, passed 1-27-09; Am. Ord. 2011-30, passed 9-13-11; Am. Ord. 2014-30, passed 11-18-14; Am. Ord. 2018-04, passed 1-9-18; Am. Ord. 2019-10, passed 4-23-19; Am. Ord. 2021-06, passed 1-26-21; Am. Ord. 2021-38, passed 8-24-21)