§ 90.002  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  Words used in the present tense include the future; the singular number include the plural, and the plural the singular; reference to the male gender includes the female and reference to any person or animal without specifying gender includes both male and female; the word SHALL is mandatory and not directory.
   ACCIDENTAL BREEDING.  Any unsupervised or unplanned breeding of any number of an owner’s domestic animals.
   ANIMAL.  Every living creature, either male or female, domestic, nondomestic, livestock, or wild, except a member of the human race.
      (1)   DOMESTIC ANIMAL.  All species of animals commonly accepted as domesticated by humans so as to live and breed in a tame condition, including but not limited to dogs and cats.
      (2)   LIVESTOCK.  Animals commonly kept for use on a farm or ranch, or raised for human consumption or an equine animal, including, but not limited to, horses, mules, ponies, jennets, jacks, cattle, hogs, goats, sheep, chickens, ostriches, emus, or fowl.
      (3)   WILD ANIMAL.  Any animals of a species that in their natural life are wild, including hybrids and animals which, as a result of their natural or wild condition, cannot be vaccinated effectively for rabies or which have the ability to seriously injure a human or other animal.  These animals, however domesticated, shall include, but are not limited, to:
         (a)   Alligators and crocodiles;
         (b)   Bears (urisdae).  All bears, including grizzly bears, brown bears, black bears, and the like;
         (c)   Cat family (felidae).  All except the commonly accepted domesticated cats, and including cheetah, cougar, leopard, jaguar, lion, lynx, panther, ocelot, lion, tiger, serval, caracal, bobcat, and wildcat;
         (d)   Dog family (canidae).  All except domesticated dogs, and including wolf, part wolf, fox, part fox, coyote, part coyote, and dingo;
         (e)   Porcupine (erethizontidae);
         (f)   Primate (hominade).  All sub-human primates, including baboon, chimpanzee, orangutan, and gorilla;
         (g)   Raccoon (prosynnidae).  All raccoons, including eastern raccoon, desert raccoon, and ring-tailed cat;
         (h)   Skunks;
         (I)   Venomous fish and piranha;
         (j)   Venomous snakes or lizards;
         (k)   Hyena;
         (l)   Weasel (mustelidae).  All weasels, including martens, wolverines, ferrets, badgers, otters, ermine, mink, and mongoose, except that persons raising members of this family as a business for their pelts shall not be prohibited by this chapter; and
         (m)   Any hybrid of an animal listed above.
   ANIMAL CONTROL OFFICER.  The person who has been designated and authorized by the City Code Enforcement and/or Police Department to capture and confine animals found in violation of this chapter, or his or her lawfully delegated deputy or representative.
   ANIMAL SHELTER.  The facility operating as the "Montgomery County Humane Society" or related agency where animals are held under the authority of this chapter or state law.
   AT LARGE.  Any animal that is off the premises of its owner's real property and not restrained by a competent person.
   BITE.  Any abrasion, scratch, puncture, tear, or piercing of skin actually or suspected of being caused by an animal.
   BREED or BREEDING.  The impregnation of a female animal by a male animal by which offspring are produced.
   CAT.  All domestic species or varieties of the felis catus, male or female.
   CERTIFICATE.  A certificate issued at the time of the vaccination of the dog or cat, and bearing thereon the signature of the vaccinator, the registration number, the name, color, breed and sex of the dog or cat, the name and address of the owner, the date of the vaccination, or type of vaccine administered.
   CITY.  The City of Willis, Texas.
   CODE ENFORCEMENT DEPARTMENT.  The Code Enforcement Department for the City of Willis, Texas.  The CODE ENFORCEMENT DEPARTMENT is designated the animal control authority for the city.
   COMPETENT PERSON.  A human being that is capable of controlling and governing the animal in question and to whose commands the animal is obedient.
   CONFINED or CONFINEMENT.  Of an animal, shall mean confined within a building or home, or within a fenced yard or premises, so that the animal cannot escape from the building, house, or fenced yard or premises without human assistance.
   CURRENTLY VACCINATED.  Vaccinated and satisfying the following criteria:
      (1)   The animal must have been at least four months of age at the time of vaccination;
      (2)   At least 30 days have lapsed since initial vaccination;
      (3)   Not more than 12 months have lapsed since the initial vaccination and a revaccination with either a one-year or three-year USDA-approved rabies vaccination; and
      (4)   Rabies vaccination must be performed by a veterinarian who is licensed or legally permitted to practice veterinary medicine in the state.
      (1)   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 dog was kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own;
      (2)   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 dog from leaving the enclosure on its own, and those acts cause a person reasonably to believe that the dog will attack and cause bodily injury to that person; or
      (3)   A dog that makes an unprovoked attack on a domestic animal, livestock, or domestic fowl which occurs when the attacking dog is at large.  For purposes of this division (3) only, the Animal Control Officer or Municipal Court ("the Court") may take under consideration any or all of the following circumstances to determine whether or not the attacking dog 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.
   DOG.  All domesticated members of the canine family, male or female.
   EXPOSED TO RABIES.  Any animal, whether it has been vaccinated for rabies or not, which has been bitten, been fighting with, or has consorted with an animal known or suspected to have rabies or showing objective symptoms of rabies.
   HUMANE MANNER.  The care of an animal to include adequate heat, space, ventilation, and sanitary shelter, wholesome food, and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed.
   IMPOUND.  The apprehending, catching, trapping, netting, tranquilizing, confining, or, if necessary, the destruction of any animal by the Animal Control Officer.
   IMPOUNDING FACILITY.  Any premises designated by the City Council for the purpose of impounding and caring for all animals found in violation of this chapter.
   ISOLATION.  Kept separated and protected from all other animals or humans.
   LICENSING AUTHORITY.  An individual, company, or organization, or its lawfully delegated designee, designated and authorized by the City Police and/or Code Enforcement Department to issue a certificate of vaccination in accordance with the provisions of §§ 90.020 through 90.025.
   NUISANCE.  Shall describe an animal if it damages private property other than the owner's; causes dangerous conditions; chases or molests; attacks or interferes with persons; or causes excessive barking creating a public nuisance.
   OWNER.  Any person who owns, harbors, shelters, keeps, controls, manages, possesses, or has part interest in any animal.
      (1)   The occupant of any premises on which an animal remains for a period of seven days, or to which it customarily returns daily for a period of ten days, is presumed to be harboring, sheltering, or keeping the aforementioned animal within this definition.
      (2)   If a minor owns an animal subject to the provisions of this chapter, the head of the household of which the minor owner is a member shall be deemed to be the owner of the animal for the purpose of this chapter and under this chapter shall be responsible as the owner, whether or not the household head is himself or herself a minor.  If not a member of a household, the minor owner shall himself or herself be directly subject to the provisions of this chapter.
   PERSON.  Any individual, partnership, firm, public or private corporation, association, trustee, or estate.
   POLICE DEPARTMENT.  The Police Department for the City of Willis, Texas.
   QUARANTINE.  Strict confinement of an animal specified in an order of the Animal Control Officer or a Court:
      (1)   On the private premises of the animal's owner, the County Animal Shelter, or a facility approved by the City Code Enforcement Department; and
      (2)   Under restraint by a closed cage or paddock, or in a manner approved by the Court or the City Code Enforcement Department.
   RABIES.  An acute viral disease of human and animal affecting the central nervous system and usually transmitted by an animal bite.
   RESTRAINT.  The animal shall be secured by a leash or lead, or confined within the real property limits of its owner by an enclosed fence or kennel.
   SECURED ENCLOSURE.  A fenced area that is:
      (1)   Enclosed on all four sides;
      (2)   Capable of preventing the entry of the general public, including children;
      (3)   Capable of preventing the escape or release of an animal; and
      (4)   In conformance with any requirements for enclosures established by the City Code Enforcement and/or Police Department.
   THE ACT.  Rabies Control Act of 1981, Tex. Health and Safety Code, Ch. 826.
   VACCINATION.  Properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture, which injection has been administered only by or under the direct supervision of a veterinarian who is licensed to practice in this state.
   VETERINARIAN.  A doctor of veterinary medicine who holds a valid license to practice his or her profession in the state.
   VETERINARY ESTABLISHMENT.  Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
   ZOONOTIC DISEASES.  Those diseases that may be transmitted from animals to humans under normal condition.
(Ord. 09-1013, passed 10-13-2009)