Unless specifically defined below, words and phrases used in this chapter shall be construed so as to give them the same meaning as they have in common usage and so as to give these provisions the most reasonable application, and as used herein, the singular shall include the plural and the plural the singular, and the masculine shall include the feminine and the feminine the masculine.
Animal.
Any living, nonhuman, domesticated mammal, reptile, amphibian, fish, bird, insect, or arachnid being kept, maintained, fed, or harbored within the city.
Animal control.
The animal control division of the police department, including animal control officers and staff.
Animal control officer.
An employee or agent of the city, designated by the chief of police, to administer and enforce the licensing, inspection, and enforcement requirements contained within this chapter; the terms shall also include peace officers, code enforcement officers, and such other persons designated by the city to enforce the provisions of this chapter.
At-large.
(1) 
Any dog not on its owner’s property or the property of another person with such owner’s consent which is:
(A) 
Not secured by means of a leash, chain, or other restraint of sufficient strength to control the actions of such dog;
(B) 
Not fully contained within a cage, crate, kennel, or similar enclosure; or
(C) 
Not fully confined to such property by a confinement fence of sufficient height and strength, excluding an electric fence or invisible fence, or by means of a leash, chain, or other restraint of sufficient strength to prevent the dog from escaping the property and so arranged that the dog shall remain upon the property the device is stretched to full length, and with such property owner’s consent;
(2) 
Any livestock or fowl on its owner’s property or the property of another, regardless of consent, if such livestock or fowl is not fully confined as required by article 2.05 of this chapter; or
(3) 
Any animal, other than a dog, cat, livestock, or fowl, not on its owner’s property or the property of another person with such owner’s consent.
Cat.
Any domesticated feline or member of the family Felis domestica, not including feral or wild felines.
City of Cedar Park or city.
The City of Cedar Park, Texas, a municipal corporation duly formed pursuant to the laws of the state and having its principal place of business at 600 N. Bell Boulevard, Cedar Park, Texas 78613, including its officers, employees, agents, and representatives, and the corporate and extraterritorial boundaries within which the provisions of this chapter may be enforced.
Cruelly treated.
Any animal which has been tortured, seriously overworked, unreasonably abandoned, unreasonably deprived of necessary food, care, or shelter, cruelly confined, or caused to fight with another animal, as defined in section 821.021, Texas Health & Safety Code, et seq., as amended.
Dangerous cat.
A cat 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 cat was being kept and that was reasonably certain to prevent the cat from leaving the enclosure on its own;
(2) 
Commits unprovoked acts in a place other than an enclosure in which the cat was being kept and that was reasonably certain to prevent the cat from leaving the enclosure on its own and those acts cause a person to reasonably believe that the cat will attack and cause bodily injury to that person.
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, as defined by Texas Health & Safety Code, section 822.041(2), as amended.
Dangerous wild animal.
A lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee, orangutan, gorilla, or any hybrid thereof, as defined by section 822.101, Texas Health & Safety Code, as amended, in addition to any animal of a species that is wild by nature, normally found in a wild state, not naturally tame or gentle, and/or because of its size, toxicity, vicious nature, or other characteristics constitutes a danger to public health, safety, or welfare, including but not limited to, the following: all nonhuman primates, all four-legged mammals (other than dogs, cats, ferrets, gerbils, hamsters, mice, potbellied pigs, rabbits, and livestock, as permitted herein this chapter), all venomous reptiles and amphibians of any size and constricting reptiles of six (6) feet or more in length, all birds (other than fowl and common household birds, as permitted by this chapter), alligators, bats, crocodiles, emus, ostriches, or any hybrid of such animals.
Dog.
Any domesticated canine or member of the family Canis lupus familiaris.
Domestic animals.
Recognized domestic breeds of dogs and/or cats, birds, fish, gerbils, hamsters, nonpoisonous reptiles, and potbellied pigs. This definition excludes dangerous wild animals.
Electric fence or invisible fence.
A training device only, and not to be constructed as an adequate containment fence, which uses a buried wire or other means along the perimeter of a premises that transmits a signal to a receiver attached to the collar of the dog, which gives the dog an electric shock or other warning when the dog approaches the perimeter.
Food establishment.
As defined by title 25 of the Texas Administrative Code, section 229.162(40), as amended.
Fowl.
Any birds belonging to the game fowl, land fowl (Galliformes), or waterfowl (Anseriformes) biological orders, including but not limited to poultry, chickens, guineas, laying hens, turkeys, ducks, geese, pheasants, quails, and peacocks, but not including common household birds, emus, and ostriches.
Livestock.
Domesticated mammals other than dogs, cats, ferrets, gerbils, hamsters, mice, potbellied pigs, and rabbits, including but not limited to horses, cattle, mules, goats, sheep, miniature horses, and other similar animals traditionally raised in an agricultural setting. The term shall also include emus and ostriches.
Microchip or chip.
An integrated circuit placed under the skin of an animal for purposes of facilitating identification of the animal.
Municipal court.
The City of Cedar Park Municipal Court, including its staff.
Off-leash area.
A designated area of a city park facility within which dogs may freely roam in compliance with posted rules for such city park facility and/or area.
Owner.
Any person or persons, association, or entity, including any member of owner’s immediate family, employee, or agent, having the right of property, care, custody, or control of an animal, who possesses, harbors, or maintains an animal, or who knowingly permits an animal to remain on or about any premises occupied by such person or persons, firm, association, or corporation for a period of three (3) days or more.
Police department.
The City of Cedar Park Police Department, including its officers and staff.
Public nuisance or public nuisance animal.
Any animal within the city that unreasonably disturbs, annoys, or alarms persons of ordinary sensibility, endangers the public health, safety, or welfare, or substantially interferes with the rights of citizens to quiet enjoyment of life or property, including but not limited to:
(1) 
An animal that makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining, meowing, crowing, or other utterances in an excessive, continuous or unreasonable fashion or at unreasonable hours, causing annoyance, disturbance, or discomfort to, or disrupting the quiet enjoyment of neighbors or others in close proximity to the premises where the animal is kept or harbored;
(2) 
Any dog in a park or public recreation area, unless the dog is controlled by a leash or similar physical restraint or within a designated off-leash area within a city park facility, in compliance with posted rules at such city park facility and/or off-leash area;
(3) 
Any animal that damages any property other than that of its owner;
(4) 
Any animal that defecates on any common thoroughfare, street, sidewalk, passageway, road bypass, play area, park or any place where people congregate or walk upon any public property whatsoever, or upon any private property without the permission of the private property owner, if the owner of such an animal that soils, defiles, or defecates on any of the above areas fails to immediately remove the pet feces and droppings and place them in a designated waste receptacle or other suitable waste container;
(5) 
Any animal that is found at-large more than three (3) times;
(6) 
Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored, or that causes noxious or offensive odors which would be unreasonably annoying or discomforting to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(7) 
Any female animal in heat (estrus) that is not confined so as to prevent attraction or contact with animals other than the owner’s, unless for the purpose of planned breeding in compliance with all local, state, and federal laws;
(8) 
Any animal, whether or not on the property of its owner and without reasonable provocation, that approaches and hisses, barks, or growls at a person in an angry, threatening, and ill-tempered manner and causes that person to have an immediate reasonable fear of bodily injury, that bites, snaps at, or attacks a person or otherwise interferes with the freedom of movement of persons in a public right-of-way, or that attacks and seriously injures or kills another animal that was properly confined, restrained, or under the physical control of its owner as required by this chapter;
(9) 
Any dog or cat that:
(A) 
Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog or cat was being kept and that was reasonably certain to prevent the dog or cat from leaving the enclosure on its own; or
(B) 
Commits unprovoked acts in a place other than an enclosure in which the dog or cat was being kept and that was reasonably certain to prevent the dog or cat from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog or cat will attack and cause bodily injury to that person;
(10) 
Any animal that chases motor vehicles in a public right-of-way;
(11) 
Any dog in violation of posted rules governing a city park facility and/or off-leash area;
(12) 
Any dangerous wild animal, as defined by section 822.101, Texas Health & Safety Code, or this section, as amended; or
(13) 
Any animal that is a threat to public health, safety or welfare by virtue of the number of animals maintained at a single property and the inadequacy of the care, conditions, or facilities.
Register or registration.
The responsibility of the owner of dog and cat of four (4) months of age or older to provide information to the city and obtain from the city a license for such dog or cat, unless such dog or cat shall be temporarily within the possession of a veterinarian, pet shop, animal shelter, or humane society.
Registration tag or tag.
An identification tag issued by an animal control officer or their designee.
Sanitary.
A condition of good order and cleanliness to minimize the possibility of disease transmission.
Shelter.
A structurally sound and weatherproof shelter consisting of at least three (3) sides and a covered roof which provides access to shade from direct sunlight and regress from extremes of temperature, thereby providing for an animal’s health and comfort.
Tattoo.
An indelible identification number placed on an animal by means of inserting pigment under the animal’s skin.
(Ordinance CO20-11-12-22-C1 adopted 12/22/11; Ordinance CO02-17-11-09-H1 adopted 11/9/17)
(a) 
Appointment and duties of animal control officer.
The City Manager or their designee shall appoint one or more animal control officers and such assistants as may be required to enforce the provisions of this chapter. An animal control officer’s duties shall include enforcement of all city and state ordinances and laws controlling the activities of wild and domestic animals within the city and shall be empowered to take all actions provided herein this chapter, including but not limited to the authority to issue citations to persons who violate such laws or ordinances and for which the individual shall appear, pursuant to the lawfully issued citation or summons, at municipal court to respond to the alleged charge(s). The City Manager or their designee shall prepare a nuisance/dangerous animal complaint form for use in enforcement of this chapter.
(b) 
Local rabies control authority.
The supervisor of animal control is hereby designated as the local rabies control authority for the purposes of chapter 826 of the Texas Health & Safety Code (Rabies Control Act of 1982), as amended, and shall be responsible for performing the duties and responsibilities provided herein.
(Ordinance CO20-11-12-22-C1 adopted 12/22/11)
(a) 
Primary enforcement of the provisions of this chapter are vested in the animal control officers; however, these provisions may also be enforced by peace officers, code enforcement officers, and such other persons as are designated by the city. Any and all references to animal control and/or animal control officer herein shall contemplate and include each of the aforementioned individuals.
(b) 
Unless otherwise stated herein, the provisions of this chapter are enforceable against an owner and/or their animal as set forth herein. Owner(s) of animal(s) alleged to be in violation of this chapter are responsible for such violations and subject to the penalty provisions of this chapter and this code, as amended.
(c) 
It shall be unlawful for any person to interfere with, obstruct, resist or oppose any enforcement of the provisions of this chapter by an animal control officer.
(d) 
In the enforcement of this chapter, any person authorized to enforce the provisions of this chapter shall have the authority to immediately tranquilize, capture, restrain, and/or destroy any animal to protect themselves, a third person, or another animal from attack or threat of imminent injury, to prevent an animal from enduring further unreasonable pain or suffering as a result of disease or injury, or when the animal control officer deems such animal a threat to the public health, safety, or welfare.
(e) 
Any person authorized to enforce the provisions of this chapter shall have the right to pursue onto private property and apprehend an at-large animal considered a nuisance without first requesting permission from the owner of the private property or without obtaining a search warrant.
(f) 
Unless otherwise provided by state law, any violation of this chapter may be charged as a class C misdemeanor; and upon conviction, an owner shall be fined as provided for in the general penalty provision in section 1.01.009 of this code, as amended. For those violations that are of a continuous nature, a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues and such fine may be levied for each day that a violation exists.
(g) 
If an owner has been previously convicted of an offense under this chapter and the owner is subsequently convicted of an offense under the same provision of this chapter, the owner may be subject to an enhanced fine as set by the municipal court.
(Ordinance CO20-11-12-22-C1 adopted 12/22/11)
Nothing herein this chapter shall be construed to discriminate or permit discrimination against a person with a disability in violation of section 121.003 of the Texas Human Resources Code, as amended, or the Americans with Disabilities Act, as amended, or any governing federal, state, or local regulation, rule, code, order, statute, ordinance, or law.
(Ordinance CO20-11-12-22-C1 adopted 12/22/11)
If any one or more of these sections, provisions, clauses, terms, or words of this article or the application of such sections, provisions, clauses, terms, or words to any situation or circumstance shall for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect any other sections, provisions, clauses, terms, or words of this article or the applications of such sections, provisions, clauses, terms, or words to any other situations or circumstance, and it is intended that this article shall be severable and shall be construed and applied as if any such invalid or unconstitutional section, provision, clause, terms, or word had not been included herein.
(Ordinance CO20-11-12-22-C1 adopted 12/22/11)