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.
Any living, nonhuman, domesticated mammal, reptile, amphibian,
fish, bird, insect, or arachnid being kept, maintained, fed, or harbored
within the city.
The animal control division of the police department, including
animal control officers and staff.
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.
Any dog not on its owner’s property or the property of
another person with such owner’s consent which is:
Not secured by means of a leash, chain, or other restraint of
sufficient strength to control the actions of such dog;
Not fully contained within a cage, crate, kennel, or similar
enclosure; or
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;
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
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.
Any domesticated feline or member of the family Felis domestica,
not including feral or wild felines.
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.
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.
A cat that:
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;
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.
A dog that:
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
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.
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.
Any domesticated canine or member of the family Canis lupus
familiaris.
Recognized domestic breeds of dogs and/or cats, birds, fish,
gerbils, hamsters, nonpoisonous reptiles, and potbellied pigs. This
definition excludes dangerous wild animals.
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.
As defined by title 25 of the Texas Administrative Code,
section 229.162(40), as amended.
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.
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.
An integrated circuit placed under the skin of an animal
for purposes of facilitating identification of the animal.
The City of Cedar Park Municipal Court, including its staff.
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.
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.
The City of Cedar Park Police Department, including its officers
and staff.
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:
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;
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;
Any animal that damages any property other than that of its
owner;
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;
Any animal that is found at-large more than three (3) times;
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;
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;
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;
Any dog or cat that:
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
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;
Any animal that chases motor vehicles in a public right-of-way;
Any dog in violation of posted rules governing a city park facility
and/or off-leash area;
Any dangerous wild animal, as defined by section 822.101, Texas Health & Safety Code, or this
section, as amended; or
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.
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.
An identification tag issued by an animal control officer
or their designee.
A condition of good order and cleanliness to minimize the
possibility of disease transmission.
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.
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)
