§ 6-1. 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:

Animal means any living creature including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding human beings.

Animal adoption center 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 authority means a municipal animal control office with authority over the area in which the animal is kept.

Animal services officer means a person designated by the director of animal services to represent and act for the city in the impounding of animals, controlling of animals running at large and as otherwise required in this chapter.

At large means when an animal is not confined to the premises of its owner by a fence of sufficient strength and height to prevent the animal from escaping therefrom, inside the house or other enclosure, or secured on said premises by a leash of sufficient strength to prevent the animal from escaping from said premises, and so arranged that the animal will remain upon said premises when the leash is stretched to full length in any direction. An animal shall not be considered at large when held and controlled by some person by means of a leash, cord, chain, or rope of proper strength and length to control the action of the animal or while confined within a vehicle.

Bite means any abrasion, scratch, puncture, tear or piercing of skin actually or suspected of being caused by an animal.

Cat means all domestic species or varieties of the felis catus, male or female, alive or dead.

Certificate means a certificate issued at the time of the vaccination, 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, and the type of vaccination administered.

Circus means a commercial variety show featuring animal acts for public entertainment.

Commercial animal establishment means any pet shop auction, riding school or stable, zoological park, circus, recurring animal exhibition or kennel grooming shop or other establishment in which animals are used for commercial purposes.

Commercial purposes means the keeping of animals for the purpose of profit.

Competent person means a human being that is capable of controlling and governing the animal in question and to whose command the animal is obedient.

Confined or confinement of an animal means confined within a building or home, or within a fenced yard or premises, so that the animal cannot escape from said building house or fenced yard or premises without human assistance.

Dangerous dog means 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 animal means:

(1)

An animal that is known to carry or be susceptible to the rabies virus and that cannot be effectively vaccinated against the rabies virus with any vaccine approved by the Texas Department of Health;

(2)

An animal of a species defined as a "dangerous wild animal" in subchapter E (Dangerous Wild Animals), chapter 822 (Regulation of Animals), of the Texas Health and Safety Code; or

(3)

An animal of any other species of wild or feral mammal or reptile that by its nature or breeding is capable of inflicting serious bodily injury to a human; or

(4)

Any other animal which may be added in the future to the list as a high risk animal in the Texas Rabies Control Act, as amended.

Direct physical control means outside with the dog and near enough to the dog to exercise physical control over the dog in the event it should become necessary to do so to protect the dog, a human or another animal from harm.

Dog means all domesticated members of the canis familiaris , male or female.

Dog tethering means using a chain, rope, leash, cord, tether, cable or other device to attach a dog to a stationary object or trolley system.

Domestic animal shall mean any animal which is not prohibited, and commonly kept as a pets at the owner's residence, including but not limited to domestic cats and dogs, domestic ferrets, rabbits, and domestic fowl.

Exposed to rabies means 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 means the care of an animal to include, but not be limited to, adequate heat, space, ventilation, and sanitary shelter, wholesome food and water consistent with the normal requirements of the animal's size, species and breed.

Impound means the apprehending, catching, trapping, netting, tranquilizing, confining, or, if necessary, the destruction of any animal by animal services officers.

Impounding facility means any premises designated by the city for the purpose of impounding and caring for all animals found in violation of this chapter.

Isolation means kept separated and protected from all other animals or humans.

Kennel means any premises in which more than three dogs or cats or other domesticated animals over the age of three months, not including livestock or poultry, are housed, boarded, raised, or trained as a commercial enterprise.

Livestock means all domesticated animals, other than dogs and cats including, but not limited to, horses, cows, mules, goats, sheep and pigs other than potbellied pigs as defined in this section.

Menace means conduct that threatens to inflict harm or injury.

Owner means any person who owns, harbors, shelters, keeps controls, manages, possesses, or has part interest in any animal. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.

Performing animal exhibition means any spectacle, display act or event other than circuses in which performing animals are used.

Person means any individual, partnership, firm, public or private corporation, association, trust or estate.

Pet means any animal kept for pleasure rather than utility.

Pet shop means any person, partnership, or corporation, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells, boards or grooms any species of animal.

Potbellied pigs means a variety of swine that is no more than 18 inches in height at shoulder level when full grown, has short erect ears, and a straight tail. No swine shall be considered a potbellied pig if its weight exceeds 95 pounds.

Properly fitted, with respect to a collar or neck restraint, means one that fits in such a way, that it does not pinch or choke the animal. With respect to a harness, the term "property fitted" means one that is of an adequate size, design and construction as appropriate for the dog's size and weight.

Public nuisance describes an animal if it:

(1)

Damages, soils, defiles, or defecates on private property other than the owners. or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner;

(2)

Causes unsanitary dangerous, or offensive conditions;

(3)

Causes a disturbance by excessive barking or other noise-making;

(4)

Chases vehicles; or

(5)

Interferes with persons or other domestic animals.

Restraint, when used with respect to a dog, means kept under the direct physical control of the animal's owner by a chain, rope, leash, cord, or similar physical attachment.

Riding school/stable means any place which has available for hire, boarding, and/or riding instruction of any horse, pony, donkey, mule or burro.

Secure enclosure means 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 local animal services authority.

Serious bodily injury means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.

Severe injury means any physical injury that results in death, broken bones or disfiguring lacerations requiring sutures or surgery.

Vaccination means an injection of rabies vaccine licensed for use in that species by the United States Department of Agriculture, properly injected as prescribed by the state board of health which injection has been administered only by or under the direct supervision of a veterinarian who is licensed to practice in this state.

Veterinarian means a doctor of veterinary medicine who holds a valid license to practice his profession in the state.

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 animal means any live monkey (nonhuman primate), raccoon, skunk, fox, wolf, bear, leopard, panther, tiger, lion, lynx, or other animal which can be normally found in the wild state not normally capable of being domesticated, including poisonous snakes, boa constrictors, alligators, crocodiles and other dangerous reptiles.

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

Zoonotic diseases means those diseases that may be transmitted from animals to man under normal conditions.

(Ord. No. 05-01, § 1(5-1), 1-3-2005; Ord. No. 06-25, § 1, 7-17-2006; Ord. No. 09-51, § 1, 12-21-2009; Ord. No. 17-26, § 1, 5-1-2017)