For the purpose of this chapter, the following terms, phrases,
and words have the meanings given to them in this section.
Leaving in an enclosure or at-large without providing food
and water or shelter from sun, rain, hail, or snow.
Wounded, maimed, trapped, beaten, crippled, starved, or tortured
by any means or lack of necessary, immediate medical care or failure
to give food or water when there is a duty to do so.
Any member of the group of living beings from the class of
mammals (excluding humans), bird or fowl, reptiles, or amphibians
generally capable of spontaneous and rapid motor response to stimulation.
An employee of the city appointed by the animal services
supervisor to supervise the operation and maintenance of the city
animal shelter, to act as the animal control authority under state
law, and to help carry out and enforce the provisions of this chapter.
Any not-for-profit organization that has tax-exempt status
under section 501(c)(3) of the United States Internal Revenue Code,
which rescues and places animals into permanent homes. Animal rescue
organization does not include an entity that breeds animals, or an
entity that in exchange for payment or compensation obtains any dog
or cat from a person who either breeds dogs or cats or facilitates
the sale of dogs or cats that were obtained from a person who breeds
dogs or cats.
The City of Sherman Police Department of Animal Services.
The animal services supervisor, or their authorized representative.
The animal services supervisor shall be responsible for the enforcement
of this chapter and any regulations promulgated hereunder, unless
otherwise provided by law.
The City of Sherman Animal Shelter.
The unprovoked biting or scratching of a person or an animal
by an animal.
On-premises of owner.
Any animal not confined to the premises of the owner by some
physical means of sufficient height, strength, length, and/or manner
of construction to preclude the animal from leaving the premises of
the owner.
Off-premises of owner.
Any animal which is not physically and continually restrained
by some person, by means of a leash or chain of proper strength and
not more than six feet in length, to control the actions of such animal
while off premises.
Provided however, that any animal confined within a cage, automobile,
truck, or any other vehicle of its owner shall not be deemed at-large.
Provided however, that any dog lawfully allowed in Fairview
Dog Park or other city-approved off-leash site shall not be deemed
at-large.
Any stage of the common domestic honey bee (Apis mellifera).
Physical pain, illness, or any impairment of physical condition.
A person who breeds dogs or cats and transfers possession
of more than two (2) litters in a twelve-month period.
All domesticated members of the feline family.
All breeds of Gallus gallus domesticus, a common domesticated
fowl widely kept for meat and eggs.
An animal that is the offspring created by the mating of
a coyote with a noncoyote animal, or is shown to be a coyote hybrid
by the testimony of a licensed veterinarian or animal control officer,
or is represented to be a coyote hybrid by a person who owns or exercises
control or custody of said animal.
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 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 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.
All undomesticated animals including, but not limited to,
lions, tigers, bears, wolves, wolf hybrids, coyote, coyote hybrids,
apes, monkeys, foxes, baboons, skunks, raccoons, squirrels, birds
of prey, migratory birds, other nondomestic birds, and all forms of
poisonous, venomous, or otherwise dangerous reptiles.
The provisional assumption of ownership for the purposes
of administering preventative immunizations and treatment including
emergent humane euthanasia as directed by a licensed veterinarian
in the event of suffering during an animal's stray hold period at
an impound facility.
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.
Any domesticated member of the canine family excluding wolf
hybrids that contain any percentage of wolf and coyote hybrids that
contain any percentage of coyote.
Any animal which is naturally tame and gentle.
Any fence with electric conductors carrying electric current
supplied by batteries, commercial power or any other source of electricity,
erected for the purpose of restraining or excluding an animal.
Any species of animal that is considered endangered by international,
federal, or state regulations.
A temporary care facility for an animal owner or harborer.
To provide home, sustenance, shelter, refuge, care, or habitat
for or to exercise custody or control over a domestic animal. Harbor
does not include feeding wildlife or providing assistance in an emergency
to an injured or ill animal or providing care on a temporary or one-time
basis so long as such activity is not a nuisance to others.
A person who harbors a domestic animal.
A female chicken.
To take into custody or to place in the animal shelter of
the city or other authorized confinement area.
A veterinarian licensed by the Texas Board of Veterinary
Examiners.
Domestic animals generally used or raised on a farm for profit
or use, including, but not limited to, cattle, cows, sheep, goats,
pigs, bulls, stallions, jacks, hogs, and sows.
A passive electronic device that is injected into an animal
by means of a hypodermic-type syringe device. Each microchip shall
contain a unique and original number that is read by an electronic
scanning device for purposes of animal identification and recovery
by the animal's owners. The microchip implant shall be supplied with
an exterior collar-type tag for purposes of an external means of notifying
others that the animal has been implanted with a microchip.
An electronic scanner with an operating frequency that is
able to detect a microchip that has been implanted in an animal and
display the number of the microchip to its operator. The microchip
reader shall be of a type that activates and displays the number of
a microchip manufactured by multiple vendors.
A donkey that is no taller than thirty-four (34) inches at
the withers.
A horse that is no taller than thirty-four (34) inches at
the withers.
The city municipal court of record.
Without sufficient food, shelter, water, or without appropriate
veterinary care and treatment to maintain health, or heavily infested
with parasites.
Any wild or feral animal found on a person's property that
reasonably could be a threat to personal property, safety, or health.
To proffer, display or advertise for the sale, adoption or
other commercial transfer of an animal.
Any person who owns, keeps, shelters, maintains, feeds, harbors
or has temporary or permanent custody of a domestic or prohibited
animal, or who knowingly permits a domestic or prohibited animal to
remain on or about any premises occupied by that person over which
that person has control. An animal shall be deemed to be owned by
a person who harbored it, fed it, or sheltered it for three (3) consecutive
days or more. If a person under the age of seventeen (17) owns an
animal subject to the provisions of this chapter, the head of the
household of which such person under the age of seventeen (17) is
a member shall be the person responsible for the animal under this
chapter. Such household head may himself be under the age of seventeen
(17) and therefore subject to prosecution under this chapter. There
may be more than one (1) person responsible for an animal.
A certificate or permit issued by the city.
An individual, association, partnership, corporation, trust,
estate, joint-stock company, or foundation.
A business establishment, whether licensed or not by animal
services, where dogs and cats are sold, offered for sale, bartered,
traded, given away or otherwise transferred.
A goat that is no taller than twenty-three (23) inches at
the withers.
A dwarf swine breed originally developed in the 1960s from
a breed in Vietnam.
Any device or container used to remove animal feces.
Any structure used to immediately restrict an animal to a
limited amount of space, including a cage, pen, run, room, compartment,
or hutch.
An animal that poses a potential physical or zoonotic disease
threat; that is a member of an endangered species; or that is protected
by international, federal, or state regulations other than a common
domestic species regardless of state of duration of captivity including,
but not limited to, the following categories:
Class Reptilia.
(A)
Category I.
Order Squamata, family Helodermatidae (the venomous lizards
such as Gila monsters and beaded lizards), family Hydrophiidae (marine
snake), family Vioeridae (such as rattlesnakes, copperheads, cottonmouth,
moccasin, and true vipers), family Elapidae (such as coral snakes,
cobras, and mambas), family Colubridae (including rear-fanged colubrids
such as Dispholidus typus (boomslang), Hydrodynastes gigas (water
cobra), Boiga dendrophilia (mangrove snake), and other venomous Boiga
species, and Thelotornis kirtlandi (twig snake), family Boidae (such
as pythons, boas, and anacondas); order Crocodilia (such as crocodiles,
caimans, and gavials).
Class Aves.
(A)
(B)
Category II.
Order Sfrigiformes (such as owls), order Falconiformes (such
as falcons, hawks, eagles, and vultures).
Category III.
Super-order Paleo-gnathae (Ratites) (such as ostriches, rheas,
cassowaries, and emus).
Class Mammalia.
(A)
(B)
Category IV.
Order Carnivora, family Felidae (such as lions, ocelots,
margays, tigers, jaguars, leopards, and cougars), except domestic
cats, the family Canidae (such as wolves, dingos, coyotes, and jackals),
except domestic dogs, family Ursidae (such as bears), suborder Pinnipedia
(such as seals and sea lions); order Primata (such as apes, orangutans,
chimpanzees, and gorillas); order Proboscidea (elephants); order Chiroptera
(bats); order Ungulata (such as antelope, deer, bison, and camels);
and order Marsupiala (such as kangaroos);
Category V.
Order Carnivora, family Mustelidae (such as weasels, skunks,
martins, ferrets, mink, and badgers), family Procyonidae (raccoon),
family Vivveridae (such as civets and mongooses); order Edentata (such
as sloths, anteaters, and armadillos); and order Rodenfia (such as
porcupines). Ferrets are not prohibited animals.
Fish.
(A)
Category VI.
Order Anguilliformes, family Muraenidae and family Congridae
(eels); order Cypriniformes; family Characidae (piranha fish).
Exceptions to list of class; family and order of prohibited
animal.
The term prohibited animal does not include livestock, fowl,
poultry, or common household pets, such as a psittacine bird, canary,
finch, cockatiel, or other commonly kept domestic birds, small monkey,
hamster, guinea pig, gerbil, rabbit, fish, or small, non-venomous
reptile which is less than six (6) feet long and are not listed in
any category above.
Use as a dwelling or residence, including, but not limited
to, multifamily, fourplex, triplex, duplex, single-family dwelling,
hotel, motel, and mobile home uses.
Kept under the direct physical control of the animal's owner,
by a leash, cord, chain, or similar physical attachment.
A male chicken.
A securely enclosed area or structure that is:
Locked;
Capable of preventing the entry of the general public, including
children;
Capable of preventing the escape or release of an animal;
Clearly marked as containing a dangerous animal;
Enclosed by a secure top and sides with a solid bottom or, constructed
in such a manner which would prevent the animal from tunneling under
the secure enclosure and escaping;
Protected from the elements adequately for the animal's humane
care; and
In conformance with the requirements for enclosures established
by the animal services supervisor or by this chapter.
A structure such as a house, mobile home, apartment, travel
trailer, or other habitation or similar structure is not a secure
enclosure when any window is open, or when a screen window or a screen
door or other penetrable barrier is the only obstacle preventing the
animal from exiting the structure, or when any door or other opening
used for entry or exit by persons or animals is accessible to the
dangerous animal.
The act of taking physical possession of an animal.
Any structure that will shield an animal from the direct
rays of the sun when the temperature is above ninety (90) degrees
Fahrenheit or direct exposure to wind from the north when the temperature
is below fifty (50) degrees Fahrenheit.
Rendered incapable of reproduction by means approved by the
American Veterinary Medical Association.
The animal services supervisor or their authorized representative.
The United States Department of Agriculture.
An attack by an animal on a person who at the time of the
attack by the animal was not committing a willful trespass or other
tort upon the premises occupied by the owner or harborer of the animal;
or was not teasing, tormenting, abusing, or hitting the animal; or
had not in the past, been observed or reported to have teased, tormented,
abused, or hit the animal; or was not committing or attempting to
commit a crime.
The inoculation of an animal with a rabies vaccine, that
is licensed by the United States Department of Agriculture for use
in that species, and which is administered according to the label's
directions by a veterinarian or a technician under a veterinarian's
purview as allowed by state law for the purpose of immunizing the
animal against rabies.
A canid that is the offspring created by the mating of a
wolf with a nonwolf animal, or is shown to be a wolf hybrid by the
testimony of a licensed veterinarian or an animal control officer,
or is represented to be a wolf hybrid by a person who owns or exercises
control or custody over said animal.
Any day Monday through and including Saturday, excluding
Sunday, and excluding city, state, and federal-observed holidays.
A permanent facility other than a pet shop or kennel, displaying
or exhibiting one (1) or more species of nondomesticated animals and
operating under the inspection authority of the U.S.D.A.
A disease which is of animal origin and usually causes illness
to other members of animal populations and which can adversely affect
man.
(Ordinance 6416 adopted 9/20/21)
(a)
The
animal services department shall fall under the authority of the city's
police department.
(b)
It
shall be the duty of the animal services supervisor and designated
representatives to:
(1)
Administer and enforce all state and federal laws pertaining to animals
that authorize the local rabies control authority or animal services
officers to enforce the same;
(2)
Administer and enforce the animal ordinances of the city when a nuisance
or health problem is caused by one (1) or more animals;
(3)
Supervise the animal services operations of the city;
(4)
Seize and impound all animals when authorized or required by this
chapter; and
(5)
Aid the state health department in the enforcement of area quarantines.
(c)
The
animal services supervisor and animal services officers of the city
who are licensed peace officers shall have the authority to issue
citations for any violation of this chapter. The animal services supervisor
and animal services officers of the city shall have any other power
or duty stated within the terms of this chapter. If the person being
cited is not present, the animal services officer may send the citation
to the alleged offender by registered or certified mail, return receipt
requested, by depositing the same in the U.S. mail, postage prepaid.
(d)
It
shall be unlawful for any person to knowingly prevent, interfere with,
or obstruct the animal services supervisor or an animal services officer
in the performance of their duties. It shall be unlawful for any person
to fail to comply with any lawful order of the animal services supervisor
or any animal services officer of the city. It shall be unlawful for
an animal's owner or harborer to intentionally or knowingly deceive
or mislead animal services by statement, action, or omission, in order
to avoid a penalty, charge, or other consequence under this chapter.
(e)
The
animal services supervisor and their authorized representatives shall
have the authority to adopt, transfer, or humanely euthanize an animal
as a result of the animal being impounded for more than seventy-two
(72) hours, using the Asilomar Accords Guiding Principles and Definitions
or as otherwise required by state law.
(f)
In
addition to the authority to destroy, impound, or euthanize animals
otherwise granted in this chapter, the animal services supervisor,
their authorized representatives, and any licensed peace officer are
authorized to:
(1)
Destroy an animal which poses an imminent danger to a person or property
or a real or apparent immediate necessity exists for destruction of
the animal;
(2)
Impound an animal which is diseased or endangers the health of a
person or another animal, or is at-large; and
(3)
Destroy any animal suspected of having rabies when such animal is
found at-large, after having made a reasonable, but unsuccessful effort
to capture the animal.
(g)
In
any complaint and in an action or proceeding brought for the enforcement
of any provision of this chapter, it shall not be necessary to negate
any exception, excuse, proviso, or exemption contained in this chapter;
and the burden of proof of any such exception, excuse, proviso, or
exemption shall be on the owner or defendant as an affirmative defense.
(h)
Any violation of this chapter shall be considered a nonculpable offense, unless the article or section specifically sets out the necessary culpability for the offense. The criminal penalty for a violation of this chapter shall be as set forth in section 1.01.009 of this code. The city shall be entitled to pursue all other criminal and civil remedies to which it is entitled under the authority of federal, state, or local law.
(i)
This
chapter and the standards, requirements, limitations, and prohibitions
set forth herein shall apply within the city limits and within the
area immediately contiguous and adjacent to the city limits, extending
for a total distance of 5,000 feet; provided, however, that this chapter
shall not apply within any portion of said 5,000-feet area that is
contained within the territory of any other municipal corporation.
(Ordinance 6416 adopted 9/20/21)
The city council shall, by resolution, appoint an animal services
advisory committee. The membership, function, frequency of meetings
and authority of the committee shall comply with state law, including
Texas Health and Safety Code, section 823.005.
(Ordinance 6416 adopted 9/20/21)
