City of Glenn Heights, TX GENERAL PROVISIONS

For the purposes of this chapter, the following terms, phrases and words used herein shall be interpreted to read as follows; and any words not herein defined shall be construed in the context used and by ordinary interpretation, and not as a word of art:

Abandon.

To dump, desert, or leave any animal on public or private property with the intent of terminating any further responsibility for said animal; and shall also mean failing to timely redeem any animal impounded or quarantined by the city, as specified herein.

Adequate/proper shelter.

A shelter for a dog that shall effectively protect the animal from any form of cold, overheating, inclement weather and direct effects of wind, rain, snow, ice or the sun. By way of example, and not limitation, a shelter may consist of a three-sided structure, with a roof. The shelter shall provide shade during hot weather months with provisions for cooling the animal when temperatures exceed 90 degrees Fahrenheit. During temperatures 50 degrees Fahrenheit or lower, auxiliary heat or clean, dry bedding material shall be provided for insulation against the cold.

Animal.

Any living creature classified as a member of the animal kingdom including, but not limited to, birds, fish, mammals and reptiles, but specifically excluding human beings.

Animal control officer.

The person or persons designated by the city to represent and act for the city in the impoundment of animals, in the controlling of stray animals and all other matters as otherwise required by this chapter.

Animal control facility.

An establishment that is operated, controlled or contracted with by the city for the impoundment, confinement, safekeeping, control, caring and/or destruction of animals which come into the custody of the city.

At large.

Any animal, other than a domestic cat, that is not under immediate effective control of its owner as defined in this chapter. A domestic cat shall be considered at large when not located on the premises owned or controlled by its owner and not otherwise under immediate effective control.

(1)

Off premises -

Any animal:

(A)

Which is not under immediate, effective control of a person by means of a cage, leash, physical restraint, or when such animal fails to respond to the voice command or other audible command of the person immediately upon issuance of said command, and is, at all times, within the visible presence of said person and not more than ten (10) feet from said person.

(B)

Which, even when in the visible presence of the owner, or under physical restraint, as defined herein, enters onto the private property of another person, without that property owner’s consent.

(2)

On premises -

Any animal not confined on the premises of the owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from the premises, and so arranged that the animal will remain upon the premises and not come any closer than six (6) feet to a public walkway or sidewalk when the restraint leash is stretched to full length.

City enforcement agent.

City animal control officers, or other authorized representatives, including but not limited to police officers of the city.

Dangerous animal.

Any animal which has been determined to be dangerous as set forth herein by the animal control officer or appropriate court; which demonstrates behavior and/or possesses the vicious propensity to inflict serious bodily injury or death upon human beings and constitutes a danger to human life or domestic animals; or any animal which has behaved in such a manner that the owner thereof knows, or reasonably should know, that the animal is possessed of tendencies to commit unprovoked attacks or to injure human beings or domestic animals; or any animal certified by a doctor of veterinary medicine, licensed in the state, after observation thereof, as posing a danger to human beings or animals; or any animal that commits an unprovoked attack upon a human being or other domestic animal; or any animal that commits an unprovoked act that causes a person to reasonably believe that the animal will attack and cause bodily injury to that person.

Domestic animal.

Any animal whose physiology has been determined or manipulated through selective breeding, and which does not occur naturally in the wild, and which may be vaccinated against rabies with an approved rabies vaccine, and which has an established rabies quarantine observation period.

Enclosure.

Any structure or device used to immediately restrict any animal or animals to a limited amount of space, such as a fence, room, pen, run, cage, compartment or hutch.

Exotic animal.

Any nondomesticated animal, other than livestock, that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. This term specifically includes, but is not limited to, animals such as lions, tigers, jackals, dingoes, leopards, elephants, pandas, camels, antelope, anteaters, kangaroos, chimpanzees, gorillas, orangutans, water buffalo, and species of foreign domestic livestock requiring state or federal permits.

Fowl.

A bird of any kind, including, but not limited to, chickens, ducks, geese, guineas, pigeons, roosters, turkeys and pheasants.

Guard dog.

A dog that has received protection or guard dog training and used by law enforcement, private security, or in protective functions where the dog is responsive to control by its owner or handler and used only for protective functions, irrespective of its status as a personal pet of its owner or handler.

Guide dog.

A dog that is trained to assist a handicapped person.

Immediate effective control.

(1)

Immediate, effective control means an animal which is under the power or restraint of a person by a means of cage, leash or physical restraint. For purposes of this chapter, an animal is not under the immediate effective control of a person when it is not restrained by means of a leash or chain of sufficient strength and not more than six (6) feet in length to control the actions of such animal while off the owner’s property.

(2)

When such animal responds to the voice command of the person immediately upon issuance of said command, and is, at all times, within the visible presence of said person and not more than ten (10) feet from said person. It shall be prima facie evidence for purposes of this chapter that the animal is at large when the animal is not in the visible presence of the owner or fails to respond immediately to a verbal command.

Inhumane treatment of animals.

Any treatment of an animal prohibited by section 42.09 of the Texas Penal Code, chapters 821, 822 or 826 of the Texas Health and Safety Code, as amended, or by any other provision of law including federal, state and local laws, ordinances or rules.

Kennel.

Any business or establishment other than a veterinary hospital, whether operated separately or in connection with another business or establishment, that keeps, boards and/or trains dogs and/or cats for profit. Kennels must be established, maintained and operated in compliance with all applicable zoning and land use regulations of the city.

Livestock.

Any horses, mules, donkeys, cattle, bison, goats, sheet, swine, ostriches, emus or rheas.

Owner.

Any person, partnership, corporation or association that harbors, shelters, keeps, controls, manages, possesses or has whole or part interest in any animal. The occupant, owner or head of a household of any premises where an animal remains for twenty-four (24) hours or more shall be presumed to be the owner of such animal for the purpose of this chapter. This presumption is rebuttable and shall have the effects and consequences set forth in section 2.05 of the Texas Penal Code, as amended.

Person.

A natural individual, firm, corporation or other legal entity.

Pet.

Any animal normally kept for pleasure rather than utility, excluding livestock.

Pet store.

Any business or establishment other than a veterinary hospital, whether operated separately or in connection with another business or establishment, that buys and sells dogs, cats, and/or other species of pets for profit. Pet stores or shops must be established, maintained and operated in compliance with all applicable zoning and land use regulations of the city.

Public auction.

Any place or facility where animals are sold to the highest bidder. This definition does not apply to individual sales of animals by private owners to other private owners.

Public nuisance.

The following:

(1)

An owner’s failure to control, restrain or otherwise allow, either by conduct or condition, any animal to:

(A)

Engage in conduct which establishes such animal as a “dangerous animal”; or

(B)

Be “at large” as defined herein; or

(C)

Cause a disturbance by excessive, continuous or untimely barking, howling, whining, crowing or otherwise make excessive noise near the private residence of another or continual barking, howling, whining, crowing or other audible noise, in excess of 15 minutes, even if in sporadic bursts, shall be prima facie evidence that the same constitutes a nuisance; or

(D)

Produce maggots, flies, odors or unclean conditions sufficient to annoy adjacent property owners or residents; or

(E)

Chase vehicles or molest, attack or interfere with other animals or persons on public property; or

(F)

Damage, soil, defile, or defecate on private property other than the owner’s property or on public walks or recreation areas unless such waste is immediately removed and properly disposed of by the owner; or

(G)

Allow such fecal matter or other animal waste to accumulate to such a degree as to cause unsanitary, dangerous or offensive conditions.

(2)

Any animal normally found in the wild that has entered onto any public or private property by its presence is committing a threat to public health and safety or is generally interrupting the tranquility of the location.

Quarter or quartered.

As it relates to livestock or other animals regulated herein, to provide shelter or to be sheltered.

Residential breeder.

Any person licensed by the city to keep, harbor, breed and/or raise in excess of four (4) but not more than ten (10) dogs and ten (10) cats six (6) months of age or older on any premises used or zoned for residential purposes and less than two (2) acres in area.

Residential foster owner.

Any person licensed by the city to keep, harbor and/or foster in excess of four (4) but not more than ten (10) dogs and ten (10) cats six (6) months of age or older, including dogs or cats belonging to or owned by the foster owner, on any premises used or zoned for residential purposes and less than two (2) acres in area.

Restraint.

Secured by a leash, lead, cord, chain or rope six (6) feet or less in length; or by electronic wires, probes or other similar device; or secured within a kennel or pen, or secured within the fenced real property limits of its owner, and may not come any closer than six (6) feet to a public walkway or sidewalk when the restraint lead is stretched to full length.

Serious bodily injury.

Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 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 satisfies this definition. For purposes of this chapter, serious bodily injury includes but is not limited to injuries for which the injured party seeks emergency or inpatient treatment irrespective of length of hospital stay.

Stray.

An animal that is improperly restrained and that wanders upon a public place, roadway, street, highway, or the property of another person.

Vaccination.

The inoculation of an animal with a rabies vaccine or other medicine that is accepted by the United States Department of Agriculture for use in that species, and which is administered by a veterinarian, licensed in the state, for the purpose of immunizing the animal against rabies or other diseases.

Veterinary hospital or clinic.

Any establishment that is maintained and operated by a veterinarian, licensed in the state, for the diagnosis, treatment or surgery of injuries and diseases to animals.

Wild animal.

Any animal not normally considered domesticated and which is now or historically has been found in the wild, or in the wild state, including but not limited to the following:

(1)

Reptiles: venomous reptiles, any type of crocodile or alligator; or

(2)

Fish: piranha; or

(3)

Birds: condors, eagles, hawks, falcons, owls; or

(4)

Mammals: ocelots, lions, tigers, jaguars, leopards, cougars, wolves or wolf hybrids, dingoes, coyotes and coyote mixes, jackals, weasels, martens, minks, badgers, skunks, bats, raccoons, pandas, bears, kangaroos, opossums, sloths, anteaters, armadillos, monkeys, chimpanzees, gorillas, orangutans, porcupines, antelope, deer, foxes, elephants, lynx, camels, squirrels; or

(5)

Any species of animal illegal to own under federal, state or local law.

Zoonotic disease.

An illness which is of animal origin and usually causes illness to other animals but which can be transmitted to and cause illness in humans.

To the extent not otherwise defined herein, reference may be made, for purposes of clarifying definitions, to state law and/or generally accepted industry publications.

(Ordinance 695-01 adopted 3/5/01)