§ 93.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMAL.  Any live, vertebrate creature, domestic or wild.
   ANIMAL CONTROL OFFICER.  A person designated by the Director of Public Safety to represent and act for the city in the impounding of animals, controlling of animals running at large and as otherwise required in this chapter.
   ANIMAL SHELTER.  A facility operated by the city for the purpose of impounding or caring for animals held under the authority of this chapter or state law, for which the City of Heath places impounded animals under an interlocal government agreement.
   AT LARGE.  Off the premises of the owner and not under the control of the owner or another person authorized by the owner to care for the animal, by leash, cord, chain or rope.
   CIRCUS.   A commercial variety show featuring animal acts for public entertainment.
   COMMERCIAL ANIMAL ESTABLISHMENT.  Any pet shop, auction, riding school or stable, zoological park, circus, recurring animal exhibition or kennel.
   DANGEROUS ANIMAL.
      (1)   Any animal that when unprovoked inflicts bites on or attacks a human being or other animal either on public or private property or, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks or any public or private grounds or places;
      (2)   Any animal with a known propensity, tendency or disposition to attack unprovoked to cause injury or to otherwise endanger the safety of human beings or animals; or
      (3)   Any animal suspected of being a DANGEROUS ANIMAL if the owner, keeper or harborer of the animal fails or refuses to make the animal available for inspection by an Animal Control Officer.
      (4)   Provided, however, the term DANGEROUS ANIMAL shall not mean an animal accused of any behavior described in this definition that occurs as a result of a trespass upon the property of the owner of the accused animal.
   KENNEL.  Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs and cats.
   LIVESTOCK; LARGE.  Animals generally exceeding 500 pounds in weight to include mules, donkeys, horses, mares, colts, bulls, cows, calves, llamas, buffalos, alpacas and swine.
   LIVESTOCK; SMALL.  Animals generally less than 500 pounds in weight to include sheep, goats, emu, ostrich, rheas, miniature horses and potbellied pigs.
   OWNER.  Any person, partnership or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.
   PERFORMING ANIMAL EXHIBITION.  Any spectacle, display, act or event other than circuses in which performing animals are used.
   PET.  Any animal kept for pleasure rather than utility.
   PET SHOP.  Any person, partnership or corporation, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells, boards or grooms any species of animal.
   PROPERLY FITTED. With respect to a collar or neck restraint is one that fits in such a way so as not to pinch or choke the animal. With respect to a harness, PROPERLY FITTED is one that is of an adequate size, design and construction as appropriate for the dog’s size and weight.
   PUBLIC NUISANCE.   Any animal which molests passerby or passing vehicles; attacks other animals; trespasses on school grounds; roams at large; damages public or private property; barks, whines, meows or howls in an excessive continuous, or untimely fashion.
   RESTRAINED. When outside, kept under the direct physical control of the owner by a chain, rope, leash, cord or similar physical attachment as necessary in order to protect the dog, a human or another animal from harm.
   RESTRAINT.   Secured by a leash or lead and under the control of a responsible person or confined to the owner’s property by a fence, wall, electronic containment system, or any other device so that the dog(s) cannot stray off the owner’s property.
   RIDING SCHOOL/STABLE.   Any place which has available for hire, boarding and/or riding instruction any horse, pony, donkey, mule or burro.
   TETHERING. Use of a chain, rope, leash, cord, tether, cable or other device to attach a dog to a stationary object or trolley system.
   VACCINATION.   An injection of United States Department of Agriculture approved rabies vaccine administered every 12 months or as prescribed by the Texas Board of Health by a licensed veterinarian.
   VETERINARY HOSPITAL/CLINIC.   Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
   VICIOUS ANIMAL.   Any individual animal that has on two previous occasions without provocation attacked or bitten any person or other animal, or any individual animal which the Department of Public Safety has reason to believe has a dangerous disposition.
   WILD ANIMAL.   Any live monkey (nonhuman primate), raccoon, skunk, ferret, fox, wolf, bear, leopard, panther, tiger, lion, lynx or any other animal which can be normally found in the wild state, including poisonous snakes, boa constrictors, alligators, crocodiles and other reptiles.
   ZOOLOGICAL PARK.   Any facility other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals, operated by a person, partnership, corporation or governmental agency.
(2005 Code, § 9-2-2)  (Ord. 890316D, passed 3-16-1989; Ord. 890706A, passed 7-6-1989; Ord. 030807, passed - - ; Ord. 101116A, passed 11-16-2010)