The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
ADULT DOG/CAT. Any dog or cat four months of age or older.
ANIMAL. Any living creature, including but not limited to, dogs, cats, pigs, horses, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding humans.
ANIMAL CONTROL AUTHORITY (ACA), ANIMAL CONTROL OFFICER (ACO). The animal services division of the city or its designee as determined by the city council, which is authorized to represent and act for the city to receive reports of animal nuisances, animals at-large, animal bites, and
other animal matters, and to investigate bite reports, ensure quarantine of possibly rabid animals, carry out provisions of state law pertaining to control and eradication of rabies and otherwise enforce the provisions of this chapter.
ANIMAL SHELTER. Any facility designated and/or operated by or for the city for the purpose of impounding and caring for animals held under authority of this chapter.
AT-LARGE. Any animal of any family or breed, other than a cat, which is not completely confined by a building, cage, container, wall, leash, rope, chain, vehicle, or fence of sufficient construction to restrain the animal, whether on or off the owner's premises. An animal being physically held by the owner within the limits of the owner's private property is not an animal running at-large.
AT-LARGE CAT. Any cat which is off the premises of its owner and not secured within a vehicle and/or restrained by means of a crate, carrier, leash, or other physical apparatus to preclude the animal from making any unsolicited contact with any person, their clothing, their property, and/or their premises. Any cat intruding upon the property of any person other than the cat's owner shall be deemed at-large.
BODILY INJURY. Physical pain, illness, or any impairment of physical condition.
CAT. A domesticated member of the Family Felidae (felis catus).
CITY/TOWN. The Town of Lakeside, Texas.
CITY LIMITS. The corporate city limits of the Town of Lakeside, Texas.
COLLAR. Any collar constructed of nylon, leather, or similar material, specifically designed to be used for the type of animal wearing or being restrained by it.
CRUEL TREATMENT. Any treatment to any animal in violation of the Texas Penal Code.
CURRENTLY VACCINATED.
(1) Vaccinated for rabies and satisfying the following criteria:
(2) The owner of each dog or cat shall have such animal vaccinated against rabies before four months of age and shall obtain a booster for the dog or cat within 12-months of the initial vaccination. After the dog or cat has received its booster, the dog or cat shall be revaccinated:
(a) No longer than 12 months thereafter for one-year-dose vaccinations; or
(b) No longer than every 36 months thereafter for three-year-dose vaccinations.
DANGEROUS ANIMAL. An animal that:
(1) Makes an unprovoked attack on a person or other domestic animal that causes bodily injury and that occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or
(2) Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person.
DANGEROUS WILD ANIMAL. All species of animals which commonly exist in a natural, unconfined state and are usually not domesticated, regardless of the circumstances or duration of captivity, including, but not limited to, the following:
(1) A lion;
(2) A tiger;
(3) An ocelot;
(4) A cougar;
(5) A leopard;
(6) A cheetah;
(7) A jaguar;
(8) A bobcat;
(9) A lynx;
(10) A serval;
(11) A caracal;
(12) A hyena;
(13) A bear;
(14) A coyote:
(15) A jackal;
(16) A baboon;
(17) A chimpanzee;
(18) An orangutan;
(19) A gorilla;
(20) A skunk;
(21) A raccoon;
(22) A panther;
(23) A fox;
(24) A javelina;
(25) A wolf;
(26) A python;
(27) A boa constrictor;
(28) A crocodile;
(29) An alligator;
(30) Any poisonous reptile; and
(31) Any hybrid of an animal listed in this definition.
DOG. Any domesticated member of the family Canidae, but shall not include a wolf, jackal, coyote, fox or other dangerous wild animal of this family or hybrid thereof.
FOWL. Chickens, turkeys, pheasant, quail, geese, ducks, ostriches, emus, pigeons, or similar feathered animals regardless of age, sex or breed.
FOWL SHELTER. A farm building or structure specifically designed and constructed to constrain fowl within its confines that provides adequate space for movement and exercise; adequate ventilation, and shelter from sun, wind, cold, and moisture; provides sufficient shade to protect the animal from the direct rays of the sun at all times; and which is cleaned and sanitized. FOWL SHELTER may include, but is not limited to, a pen, coop or hutch.
HYBRID. The product of mating two different species of animal regardless of the number of generations born since that original mating.
KENNEL. Any premises where any person engages in the business of boarding, breeding, buying, letting for hire, or selling dogs, cats, or other animals and that is located within the corporate limits of the city on property zoned to allow such use as outlined in the city's zoning regulations.
LIVESTOCK. Horses, mules, donkeys, cattle, goats, sheep, emus, and ostriches, and any member of the order Ungulata (such as antelope, deer, bison and camels) regardless of age, sex, size or breed.
NUISANCE ANIMAL. Any animal which negatively impacts the health, safety, property, or environment of another animal or person, including, but not limited to, any animal which:
(1) Molests passersby or passing vehicles;
(2) Attacks other domestic animals;
(3) Trespasses on school grounds;
(4) Is repeatedly at-large;
(5) Climbs upon a motor vehicle belonging to another;
(6) Damages private or public property not belonging to the animal's owner;
(7) Barks, whines, or howls in an excessive, continuous, or untimely fashion;
(8) Tears, punctures, or otherwise opens refuse containers, causing their contents to be emptied or exposed to the elements;
(9) Causes fouling of the air by odor, thereby creating an unreasonable annoyance or discomfort to a person of ordinary sensibilities in close proximity to the premises where the animal is kept or harbored;
(10) Defecates on any property except that belonging to the animal's owner; or
(11) Interferes with refuse collection or other service personnel.
OWNER. Any person, firm or corporation that has a right of property in an animal or that has care, control, custody or possession of an animal or that provides a premise to which the animal returns for food, shelter or care for a period of three consecutive days.
PERFORMING ANIMAL EXHIBITION. Any spectacle, display, or act or event other than circuses in which animals perform tricks, feats, or other exhibitions of training.
PERSON. Any individual, firm, association, syndicate, partnership, corporation, or other entity.
PET SHOP. An establishment offering small animals such as dogs, cats, birds, fish, ferrets, and similar animals which are not dangerous wild animals or livestock, for sale, and that is located within the corporate limits of the city on property zoned to allow such use as outlined in the city's zoning regulations.
PROPERLY FITTED. With respect to a collar, a collar that measures the circumference of the animal's neck plus at least one inch.
REGISTRATION. The requirement for all dogs and cats and any animal declared to be dangerous to be registered annually with the city, for all relevant fees to be paid, and for all animals to be wearing appropriate city-issued registration tag(s).
RESTRAINT. A chain, rope, tether, leash, cable, or other device that attaches an animal to a stationary object or trolley system.
SECURE ENCLOSURE. A fenced area that is locked; capable of preventing the entry of the general public, including children; capable of preventing the escape or release of an animal; and, if applicable, clearly marked as containing a dangerous animal.
SERIOUS BODILY INJURY. An injury characterized by bite wounds or ripping and tearing of muscle and/or bodily tissues that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.
SERVICE PERSONNEL. Any person providing legitimate, authorized service to a property including, but not limited to, public safety personnel; utility technicians; letter carriers, couriers, or delivery personnel; plumbers, electricians, lawn maintenance workers, pest control professionals, or contractors; and others in comparable service professions.
SPAY OR NEUTER. A medical procedure removing the reproductive organs or otherwise rendering a dog or cat unable to reproduce.
STERILIZATION. The surgical removal of the reproductive organs of a dog or cat or the use of non-surgical methods or technologies approved by the United States Food and Drug Administration or the United States Department of Agricultural to permanently render the animal unable to reproduce.
SWINE. Pigs, hogs, potbellied pigs, or any member of the family Suidae.
UNPROVOKED. The animal was not hit, kicked, struck, pulled, pinched, squeezed, etc. by a person or an object, and the animal was not provoked or taunted in a manner that an ordinary person would find unreasonable or objectionable.
VACCINATED. Properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed to practice in the state.
(Ord. 408, passed 2-14-2019)