For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. The dumping, deserting or leaving of any animal on public or private property with the intent of terminating any further responsibility for the animal; or failing to properly redeem any animal impounded or quarantined by the city.
ANIMAL. Any living creature, not limited to, dogs, cats and livestock but specifically excluding human beings.
ANIMAL CONTROL OFFICER. The person or persons designated by the city to represent and act for the city to enforce the provisions of this chapter.
CAT. A domesticated animal that is a member of the feline family, but does not include a lion, tiger, bobcat, jaguar, panther, leopard, cougar or other wild animal of this family or hybrids.
COMMON HOUSEHOLD PETS. Animals such as but not limited to dogs, cats, domestic birds, ferrets, hamsters, guinea pigs, gerbils and rabbits.
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;
(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; or
(3) Makes an unprovoked attack on a domestic animal which occurs when the attacking dog is running at large.
DOG. A domesticated animal that is a member of the canine family, but does not include a wolf, jackal, fox or other wild animal of this family or hybrids.
DOMESTIC BIRDS. Birds such as, but not limited to, budgies, canaries, cockatiels, doves, finches, lovebirds, macaws, parakeets and parrots.
FOWL. Chickens, turkeys, pheasants, quail, geese, ducks, ostriches, emus or similar feathered animals regardless of age, sex or breed.
GUARD DOG. A dog which has been trained for the purpose of protecting property by a guard dog company which is required to be licensed pursuant to Tex. Occupations Code Ch. 1702, as amended.
HYBRID. A product of the mating of two different species of animals, regardless of the number of generations born since the original mating.
LICENSED VETERINARIAN. A person licensed to practice veterinary medicine.
LIVESTOCK. Farm animals such as horses, ponies, mules, donkeys, cattle, sheep, goats and swine, regardless of age, sex or breed, and including miniature breeds.
OWNER. Any person owning, possessing, harboring, keeping or sheltering any animal.
PERSON. Any individual, firm, partnership, association, corporation or other legal entity.
PROHIBITED ANIMAL.
(1) Any animal not normally born and raised in captivity.
(2) Does not include livestock, fowl or common household pets.
(3) Animals not listed: an animal control officer may declare any species of animal as “prohibited” if the confinement of the animal within the city can be shown to constitute a threat to public health and safety.
PROPERLY FITTED WITH RESPECT TO A COLLAR OR OTHER NECK RESTRAINT. One that measures the circumference of a dog’s neck plus at least one inch. With respect to a harness, PROPERLY FITTED means one that is of an adequate size, design and construction as appropriate for the dog’s size and weight.
RUNNING AT LARGE. Any animal not confined or restrained as required by this chapter.
SECURE 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; and
(5) In conformance with the requirements for enclosures established by the animal control officer.
SERIOUS BODILY INJURY. Any physical injury that involves a substantial risk of death, disfigurement or impairment of any part of the body, including, but not limited to, a broken bone or a laceration requiring either multiple stitches or cosmetic surgery.
UNPROVOKED. By an animal that is not:
(1) In response to being tormented, abused or assaulted by any person;
(2) In response to pain or injury; or
(3) In protection of itself or its food, kennel, immediate territory or nursing offspring.
VACCINATED. Properly injected with an approved rabies vaccine licensed for use in that species by the United States Department of Agriculture (USDA) and administered by a licensed veterinarian.
VICIOUS ANIMALS. Any animal that has on two occasions without provocation attacked or bitten any person or other animal.
WILD ANIMALS. Any mammal, reptile or fowl that is wild by nature, which because of habit, mode of life or natural instincts is incapable of being completely domesticated regardless of the state or duration of captivity.
(Ord. 12-071, passed 10-15-2012)