As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ANIMAL. Every non-human species, both domestic and wild.
ANIMAL ABANDONMENT. To leave an animal helpless without protection, food or water without intending to return.
ANIMAL CONTROL. The animal agency designated by the Martindale City Council.
ANIMAL CONTROL OFFICER. Any person or agency designated by the city who is qualified to perform such duties as required by this chapter and/or state law.
ANIMAL AT LARGE. Any animal not under the restraint (as defined in this section) of a person capable of controlling the animal on or off the premises of the owner.
ANIMAL SHELTER. Any facility operated by a humane society, or governmental agency or its authorized agents, that legally impounds stray, homeless, abandoned or unwanted animals for care, confinement, return to owner, adoption or euthanasia.
ASSISTANCE DOG. A dog that is specially trained to assist a person with a physical challenge.
AUCTION. Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.
BITE. The puncturing or tearing of the skin by an animal's teeth.
BOARD. The Texas Board of Health.
CAT (FELIS CATUS). A domestic feline of either sex.
CIRCUS. A commercial variety show featuring animal acts for public entertainment.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, grooming shop, guard dog or obedience training center, animal auction, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel.
CURRENTLY VACCINATED. Vaccinated and satisfying the following criteria:
(1) The animal must have been at least three months of age at the time of vaccination;
(2) At least 30 days have elapsed since the initial vaccination;
(3) Not more than 12 months have elapsed since the most recent vaccination.
DANGEROUS DOG. A dog that:
(1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
DANGEROUS WILD ANIMALS. Includes the following animals as listed in HB1362, effective September 1, 2001, bobcat, baboon, bear, caracal, chimpanzee, cheetah, cougar, coyote, gorilla, hyena, jackal, jaguar, lion, leopard, lynx, ocelot, orangutan, serval, tiger, or any hybrid of a listed animal.
DOG (CANIS FAMILIARIS). A domestic canine of either sex.
DOMESTIC ANIMAL. Tame, domesticated, of or pertaining to the family or household.
EUTHANASIA. To humanely cause the death of 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. Relating to or suggestive of wild, no longer domesticated.
FOWL. A bird of any kind, to include domestic cock or hen.
GUARD DOG. Any professionally trained dog that will detect and warn its handler that an intruder is present in or near an area that is being secured.
IMPOUNDMENT. The collecting and confining of an animal because of breech in state, county or city ordinance.
LICENSED VETERINARIAN. A veterinarian licensed to practice veterinary medicine in the State of Texas.
LIVESTOCK. Domestic animals used or raised on a farm, especially those kept for a profit; specifically, horses, ponies, mules, donkeys, cattle, goats, rabbits, sheep and swine, regardless of age, sex or breed.
LOCAL RABIES AUTHORITY. A person appointed by the municipality. The supervisor of animal control shall serve as the local rabies authority.
OBSERVATION PERIOD. The ten days following a bite incident during which the biting animal's health status must be monitored. The ten day observation period will begin on the day of the bite incident.
OWNER. Any person, firm, partnership, or corporation having title to any animal; or a person who has, harbors, or keeps or who causes or permits an animal to remain on or about his/her premises. 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, otherthan circuses, in which performing animals are used. This shall include animal amusement vendors such as, but not limited to, pony-go-round rides, commercial horseback pictures, etc.
PERMANENTLY IDENTIFIED. Any animal that has a legible tattoo or microchip.
PET or COMPANION ANIMAL. Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.
POLICE DOG. A domestic dog that is owned or employed by a governmental law enforcement agency.
POSSIBLE EXPOSURE TO RABIES. The receipt of a bite or scratch from any warm-blooded animal (animal to human or animal to animal) and is reason to suspect exposure to rabies.
PROVOCATION. Any purposeful act that causes an animal to bite, scratch, or attack in protection of self, owner, or owner's premises. Entrance, except as below, into an area where an animal is properly under restraint in compliance with city ordinances shall be considered provocation, irrespective of the reason for such entrance. Entrance into an area by city personnel, to include but not limited to, meter readers, police, emergency personnel, etc; and other utility services, shall not be deemed as provocation.
PUBLIC NUISANCE. Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to:
(1) The keeping of any animal which, by causing frequent or long continued barking or noise, shall disturb any person of ordinary sensibilities, in the vicinity;
(2) The keeping of any animal in such a manner as to endanger the public health; to annoy-neighbors by the accumulation of animal wastes which cause foul and offensive odors; or are considered to be a hazard to any other animal or human being; or by continued presence on the premises;
(3) All animal pens, stables or enclosures in which any animal may be kept or confined which, from the use or disuse have become offensive to a person of ordinary sensibilities.
(4) Any animal that chases vehicles;
(5) Any animal that is offensive or dangerous to the public health, safety, or welfare; or
(6) Any animal that attacks other domestic animals.
QUARANTINE. Strict confinement of an animal for observation:
(1) On the private premises of the animal's owner or at a facility approved by animal control; and
(2) Under restraint by closed cage or padlock or in any other manner approved by animal control.
RABIES. An acute viral disease of human and animal affecting the central nervous system and usually transmitted by an animal bite.
RESTRAINT. An animal is secured by a leash or lead and under the control of a responsible person and obedient to that person's commands. At all other times, a dog or other such animal shall be confined to the realty or premises of the owner by a substantial fence of sufficient strength and height to prevent such dog or other animal from escaping therefrom; or inside a house on such premises; or secured on such premises by a leash consisting of material of sufficient strength to prevent such dog or other animal from escaping from such premises.
RUNNING AT LARGE. Not completely confined by 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 or keeper.
SCRATCH. A scrape left by the claws or nails of an animal and of sufficient severity so as to break the skin and draw blood.
SECURED 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;
(5) Being at least six feet in height.
SICK ANIMAL. Any animal that appears to be suffering from an infectious, contagious, or communicable disease; or that is showing evidence of a physical injury, physical disorder, or traumatic injury; or that has an elevated temperature.
STRAY. Any animal running free or at large, with no physical or verbal restraint beyond the premises of an animal's owner or keeper.
SUPERVISOR OF ANIMAL CONTROL. The person or agency designated by the City Council to oversee all aspects of animal control.
TETHERING. Using a chain, rope, tether, leash, cable or other device to attach a dog to a stationary object or trolley system. The minimum length of such device is ten feet from the animal to the stationary object. The allowed use of tethering as a form of animal control by owners is temporary and will expire on January 1, 2022. After January 1, 2022 tethering will not be allowed within the city.
UNOWNED ANIMAL. Any animal for which an owner has not been identified.
UNALTERED. Any animal that has not been sterilized.
VACCINATED Properly injected with a rabies vaccine licensed for use for the subject species by the United States Department of Agriculture and administered by or under the direct supervision of a licensed veterinarian.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
VICIOUS ANIMAL. Any animal that attacks, bites, or injures human beings or domesticated animals without provocation, or which because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings or domesticated animals; or an individual animal which local authority has reason to believe has a dangerous disposition, likely to be harmful to humans or other animals.
WILD ANIMAL. Any animal except the common domestic species (including, but not limited to dogs, cats, horses, cattle, swine, sheep, and goats), regardless of the state or duration of captivity.
WILD STATE. Living in its original, natural condition; not domesticated.
WILDLIFE. Any animal that occurs naturally in the wild state.
ZOOLOGICAL PARK. Any facility operated by a person, partnership, corporation, or government agency, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animals.
ZOONOSIS. A disease of animals that may be transmitted to humans.
(Ord. passed 12-7-2004; Ord. 2020-03-10, passed 3-10-2020)