§ 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 CONTROL OFFICER.  Any person designated by the city to perform animal control duties and who otherwise enforces the provisions of state and local laws as they pertain to animals within the city.
   ANIMAL CONTROL MANAGER.  A person designated by the Chief of Police to supervise the daily operations of the Animal Control Division
   ANIMAL.  Includes dogs, cats, rabbits, rodents, birds, reptiles, and any other species of animal which is sold or retained as a household pet, but shall not include skunks, nonhuman primates and any other species of wild exotic or carnivorous animal that may be further restricted by law.
   AT-LARGE.  Not completely confined by a building, wall, or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash or held in the hands of the owner.  An animal within an automobile or other vehicle under the control of its owner shall not be deemed at-large, unless such confinement fails to reasonably prevent access to the public.
   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.
   CARETAKER.  Any individual who has responsibility for feeding, watering, or otherwise providing for any animal whether they are the actual owner of the animal or not.
   CAT.  Any live or dead cat (felis catus).
   DANGEROUS ANIMAL.
      (1)   An animal, including a dog, that makes an unprovoked attack on a human, which causes bodily injury and occurs in a place other than an enclosure in which the animal was kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own;
      (2)   An animal, including a dog, that commits unprovoked acts 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, and those acts cause a person reasonably to believe that the animal will attack and cause bodily injury to that person; or
      (3)   An animal, including a dog, that makes an unprovoked attack on a domestic animal or domestic fowl which occurs when the attacking dog is at-large. For purposes of this subsection only, the Animal Control Manager or court may take under consideration any or all of the following circumstances to determine whether or not the attacking animal is dangerous:
         (a)   The seriousness and/or extent of the injury to the attacked animal or fowl;
         (b)   Territorial issues associated with the location of the attack; and
         (c)   Restraints of the attacking dog which were in place at the time of, or immediately prior to, the attack.
   DANGEROUS WILD ANIMAL.  Any lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, poisonous reptiles, giant reptiles (any non-indigenous reptile that commonly reaches six feet or more in total length), bobcat, lynx, serval, caracal, hyena, bear, coyote, wolf, jackal, baboon, chimpanzee, orangutan, gorilla, or any hybrid of any animal listed in this definition.
   DOG.  Any live or dead dog (canis familirais).
   EUTHANIZE.  To cause the death of an animal by a method which:
      (1)   Rapidly produces unconsciousness and death without visible evidence of pain or distress; or
      (2)   Utilizes anesthesia produced by an agent which causes painless loss of consciousness, and death following such loss of consciousness.
   FERAL.  Any organism that has escaped from domestication and returned, partly or wholly, to a wild state.
   FOWL.  Any bird, including chickens, roosters, and poultry.
   HARBORING.  The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter or care.
   LIVESTOCK -LARGE.  Any animal, such as horses, mules, cattle, ponies and animals of the same approximate size and weight.
   LIVESTOCK -SMALL.  Any animal, such as goats, sheep, lambs and animals of the same approximate size and weight.
   LOCAL RABIES CONTROL AUTHORITY.  The officer designated by the municipal or county governing body under the Tex. Health & Safety Code § 826.017.
   MICROCHIP IMPLANT.  A passive electronic device that is injected into an animal, under the skin, by means of a hypodermic type syringe device. Each microchip shall contain a unique and original number that is read by an electronic scanning device for purposes of animal identification and recovery by the animal's owner. The microchip implant shall be supplied with an exterior collar type tag for purposes of an external means of recognition that the animal has been implanted with a microchip.
   NUISANCE.  An act that threatens the health, morals, safety, comfort, convenience, or welfare of a community.
   OWNER.  Any person, firm, or corporation who has the right of property in an animal or who harbors an animal or allows an animal to remain about his or her premises.
   POTBELLIED PIG. A domesticated miniature Vietnamese, Chinese, or Asian potbellied or potbelly pig, not exceeding 250 pounds in weight and 30 inches in height measured at the shoulder, kept as a pet for personal enjoyment and not kept or raised for breeding, sale or human consumption.
   QUARANTINE.  To take into custody and place in confinement, isolated from human beings and other animals in such a way as to preclude the possibility of disease transmission. The quarantine period for a dog, cat, or a domestic ferret in rabies quarantine is ten days from the date of the bite, scratch or other exposure, or as recommended by the regional veterinarian from the Texas Department of Health.
   SWINE.  Any of various omnivorous, even-toed ungulates of the family Suidae, including pigs, hogs, and boars, having a stout body with thick skin, a short neck, and a movable snout.
   TETHER. Any leash, chain, cord, rope, or other means of restraining an animal or the act of chaining, tying, fastening or otherwise securing an animal to a fixed point so that it can move or range only within certain limits.
   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.
   VACCINATED, CURRENTLY.  Vaccinated and satisfying the following criteria:
      (1)   The animal must have been at least 16 weeks of age at the time of vaccination;
      (2)   At least 30 days must have elapsed since the initial vaccination; and
      (3)   The time elapsed since the most recent vaccination has not exceeded the recommended interval for booster vaccination as established by the manufacturer.
      (4)   This definition applies only to bite cases in determining cause of action in dealing with the animal.
(Ord. OR-1787-10, passed 10-11-10; Am. Ord. OR-2143-19, passed 8-26-19)