Animal.
Any living creature, including but not limited to dogs, cats,
pigs, horses, birds, fish, mammals, reptiles, insects, fowl and livestock,
but specifically excluding humans.
Animal control officer.
A person or persons designated by the city manager to represent
and act for the city to receive reports of animal nuisances, animals
at large, animal bites, and other animal matters, and to investigate
bite reports, ensure quarantine of possibly rabid animals, carry out
provisions of state law pertaining to control and eradication of rabies
and otherwise enforce the provisions of this chapter.
Animal shelter.
Any facility designated and/or operated by the city for the
purpose of impounding and caring for animals held under authority
of this chapter.
At-large.
Not completely confined by a building, wall, or fence of
sufficient strength, height or construction to restrain an animal,
except when such animal is either on a leash or held in the hands
of the owner, under direct supervision of the owner within the owner’s
private property or under direct supervision of the owner within the
city’s designated dog park. An animal within an automobile or
other vehicle shall not be deemed to be at-large.
Cat.
A domesticated member of the family Felidae (Felis catus).
Commercial animal establishment.
Any pet shop, auction, riding school or stable, zoo, circus,
recurring animal exhibition or other establishment in which animals
are used for commercial purposes.
Cruel treatment.
Any treatment to any animal in violation of section 42.09
of the Texas Penal Code.
Currently vaccinated.
Vaccinated and satisfying the following criteria:
(1)
The animal must have been at least four months of age at the
time of the vaccination;
(2)
At least 30 days must have elapsed since the initial vaccination;
and
(3)
Not more than 12 months must have elapsed since the most recent
vaccination.
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 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 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 wild animal.
An animal, other than a common domestic species and, regardless
of state and duration of captivity, that poses a potential physical
or disease threat to the public, including but not limited to the
following:
(1)
Class Reptilia:
family Helodermatidae (venomous lizards); family Viperidae
(rattlesnakes, copperheads, cottonmouths, other pit vipers and true
vipers); family Elapidae (coral snakes, cobras, mambas and other Elapid);
the following listed species of family Colubridae: Dispholidus typus
(boomslang), Hydrodynastes gigas (water cobra), Boiga (mangrove snake)
and Thelotornis (African twig snake) only; order Phidia, family Boidae
(racers, boas, water snakes and pythons) and order Crocodilia (crocodiles,
alligators, caimans and gavials).
(2)
Class Aves:
order Falconiformes (such as hawks, eagles and vultures);
subdivision Ratitae (such as ostriches, rheas, cassowaries and emus);
and order Strigiformes (such as owls).
(3)
Class Mammalia:
order Carnivora, family Felidae (such as lions, cheetahs,
bobcats, lynxes, servals, caracals, ocelots, margays, tigers, jaguars,
binturongs, leopards and cougars), except commonly accepted domesticated
cats; family Canidae (such as wolves, dingoes, hyenas, coyotes and
jackals), except domesticated dogs; family Mustelidae (such as weasels,
skunks, martins, mink and badgers); family Procyonidae (raccoon);
family Ursidae (such as bears); order Marsupialia (such as kangaroos
and common opossums); order Edentata (such as sloths, anteaters and
armadillos); order Proboscidae (elephants); order Primata (such as
monkeys, chimpanzees, orangutans, and gorillas); and order Ungulata
(such as antelope, deer, bison and camels).
(4)
Animals not listed.
The animal control officer may declare any species of animal
not listed in this definition as prohibited if the confinement of
the animal within the city can be shown to constitute a threat to
public health and/or safety.
Dog.
Any domesticated member of the family Canidae, but shall
not include a wolf, jackal, coyote, fox or other dangerous wild animal
of this family or hybrid thereof.
Fowl.
Chickens, turkeys, pheasant, quail, geese, ducks, ostriches,
emus or similar feathered animals regardless of age, sex or breed.
Hybrid.
The product of mating of two different species of animal
regardless of the number of generations born since that original mating.
Kennel.
Any premises where 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.
Horses, mules, donkeys, cattle, goats, sheep and swine regardless
of age, sex, size or breed, but does not include the potbellied pig.
Owner.
Any person, firm or corporation that has a right of property
in an animal or that has care, control, custody or possession of an
animal or that provides a premises to which the animal returns for
food, shelter or care for a period of five consecutive days.
Performing animal exhibition.
Any spectacle, display, or act or event other than circuses
in which animals perform tricks, feats, or other exhibitions of training.
Person.
Any individual, firm, association, syndicate, partnership,
corporation, or other entity.
Potbellied pig.
A swine whose weight does not exceed 100 pounds when fully
grown.
Secure enclosure.
A fenced area that is locked; capable of preventing the entry
of the general public, including children; capable of preventing the
escape or release of an animal; and, if applicable, clearly marked
as containing a dangerous dog.
Spay/neuter.
The surgical removal of the reproductive organs of a dog
or cat to render the animal unable to reproduce.
Unprovoked.
The animal was not hit, kicked, struck, pulled, pinched,
squeezed, etc., by a person or an object, and the animal was not provoked
or taunted in a manner that an ordinary person would find unreasonable
or objectionable.
Vaccinated.
Properly injected with a rabies vaccine licensed for use
in that species by the United States Department of Agriculture and
administered by a veterinarian licensed to practice in the state.
(1991 Code, sec. 2.100; Ordinance 09-370 adopted 2/17/09; Ordinance 13-550, sec. 1, adopted 2/5/13)
It shall be unlawful for any person to keep any dangerous wild
animal inside the city except in circuses, performing animal exhibitions,
zoological parks and commercial animal establishments.
(1991 Code, sec. 2.1000)
No person shall keep livestock closer than 150 feet from any
property line.
(1991 Code, sec. 2.1000)
No property in the city shall be used as a kennel unless such
property is zoned for such use.
(1991 Code, sec. 2.1000)