§ 14-1. Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned animal means any animal that has not been provided with one or more of the necessities of life including air, food, water or protection from the sun and other elements of nature or has been left in the custody of another person without their consent.

Adult animal means any animal that is six months of age or older.

Animal means any live, vertebrate creature, domestic or wild.

Animal control facility means a facility operated by the city for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

Animal control officer means the office and person designated by the city as the animal control authority, whether one or more, or his designee.

At large means as follows:

(1) Off-premises. Any animal which is not restrained by means of a leash of sufficient strength and not more than six feet in length to control the actions of such animal while off of the owner's property.

(2) On-premises. Any animal not confined on the premises of the owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom.

Cat means a domesticated animal that is a member of the feline family (Felis domesticus).

Commercial animal establishment means any pet shop, auction, riding school or stable, zoological park, circus, recurring animal exhibition or kennel.

Commercial breeder means any person who:

(1) Breeds dogs or cats;

(2) Sells or otherwise transfers possession of the offspring of a breeding dog or cat to another person for the purpose of breeding, show, personal pet or resale to a third person; and

(3) Sells or otherwise transfers possessions of more than 12 dogs or 12 cats, or more than two litters (whichever is greater) or any combination within any 12-month period for a purpose as described in the definition of dangerous animal.

Currently vaccinated means vaccinated against rabies 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 animal was vaccinated; and

(3) Not more than 12 months have elapsed since the date of the most recent vaccination of the animal.

Dangerous animal means any animal that inflicts bodily injury on any person or animal subject to the further provisions hereof.

Dog means a domesticated animal that is a member of the canine family (Canis familiaris).

Enforcement officer means any person designated by the city to represent and act for the city in the impounding of animals, controlling of animals running at large and as otherwise required to enforce the provisions of this chapter and to enforce all regulations relating to animals as authorized by the state. This person will be a member of the animal control authority or any member of the police department of the city.

Kennel means:

(1) Any lot, building, structure, enclosure or premises where five or more adult animals are kept; and

(2) Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other animals.

Livestock means all domesticated animals, including but not limited to horses, cows, mules, goats, sheep, pigs, hogs, rabbits, and pigeons, and does not include dogs and cats.

Microchip means a computer chip that is preprogrammed with a unique alphanumeric combination code which is inserted into the animal. Notice/official notice whenever notice is required by the animal control authority or an enforcement officer it shall mean notice by personal service, certified mail return receipt requested, or a written notice left at the entrance to the premises where the animal is harbored.

Owner means any person, trust, partnership, corporation, or any other entity owning, keeping, or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more. Persons feeding feral cat colonies shall not be construed as owning, harboring, or keeping those cats.

Pet means any animal kept for pleasure rather than utility.

Restraint means secured by a leash, lead, cord, chain or rope six feet or less in length; or secured within a kennel or pen, or secured within the fenced real property limits of its owner, and may not come any closer than six feet to a public walkway or sidewalk when the restraint lead is stretched to full length.

Secure enclosure means a fenced pen, kennel or structure that is locked, and is capable of preventing the entry of the general public, including children; is capable of preventing the escape or release of an animal; is clearly marked as containing a quarantined/dangerous animal; and is in conformance with any additional requirements for enclosures, as established and provided in writing to the owner by the animal control authority. Enclosures described in section 14-102 are not secure enclosures for animals determined to be dangerous.

Tract means a contiguous parcel of land under common use or ownership.

Undeveloped property means any land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school, or governmental facilities or other structures or improvement intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes.

Vaccination means an injection of United States Department of Agriculture approved rabies vaccine administered every 12 months or as prescribed by the Texas Board of Health by a licensed veterinarian, or 36 months if a 36-month vaccine is used.

Veterinary hospital/clinic means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

Wild/prohibited animal means any live animal, other than a common domestic species, regardless of the state or duration of captivity which can be normally found in the wild state, or may pose a potential physical or disease threat to the public or that is protected by international, federal, or state regulations, including those listed in V.T.C.A., Health and Safety Code § 822.101 and the following if not so listed:

(1) Class Reptillia. Family Heldermatidea (venomous lizards); Family Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers and true vipers); Family Elapidae (coral snakes, cobras, mambas, and other elapids); the following listed species of Family Colubridae Dispholidus typus (boomslang), Hydrodynastes gigas (watercobra), Bioga (mangrove snake), and Thelotornis (African twig snake) only; Order Phidia, Family Boidae (racers, boas, water snakes, and pythons); and Order Crocadilla (crocodiles, alligators, caimans, and gavials);

(2) Class Aves. Order Falconiforms (such as hawks, eagles, and vultures); Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and Order Strigiforms (such as owls);

(3) Class Mammalia. Order Carnivora, Family Felidae (such as ocelots, margays, tigers, jaguars, leopards, and cougars), except commonly accepted domesticated cats; Family Canidae (such as wolves, wolf-dog, hybrids, dingos, coyotes, and jackals), except domesticated dogs; Family Mustelidae (such as weasels, skunks, martins, mink, and badgers) except domestic ferrets (Mustela putorius furo); Family Procyonidae (raccoon); Family Ursidae (such as bears); Order Marsupialia (such as kangaroos, wallabies and common opossums); Order Edentata (such as sloths, anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees, and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope, deer, bison, and camels), unless the Order Ungulata are located on premises which meet the definition of the farm/ranch;

(4) Animals not listed. The animal control officer may declare any species of animal not listed in this subsection as "prohibited" if the confinement of the animal within the city can be shown to constitute a threat to public health and safety; and does not mean any bird kept in a cage of aviary that is not regulated by international, federal, or state law, or a gerbil, hamster, guinea pig, or laboratory mouse or rat.

Zoological park means any facility other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals, operated by a person, partnership, corporation, or governmental agency.

(Ord. No. 324, art. III, § 4, 6-21-1965; Ord. No. 591, § 2, 6-19-1989; Ord. No. 731, § 1, 6-16-1997; Ord. No. 916, § 1, 4-21-2003; Ord. No. 968, § 1, 9-20-2004; Ord. No. 1058, § 1, 3-5-2007; Ord. No. 1065, § 1, 3-5-2007)

refcross

Definitions generally, § 1-2.

refstatelaw

Similar definitions, V.T.C.A., Health and Safety Code § 826.002.