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
(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.
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(Ordinance 695-01 adopted 3/5/01)
(a) Violations and penalties.
(1) Any person violating any provision of this chapter, upon conviction, shall be deemed guilty of a class C misdemeanor, and fined in accordance with the general penalty provision found in section
1.01.009 of this code or the amount fixed by state law if the violation is one for which the state has a fixed fine.
(2) A separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues to occur.
(b) Mental state.
Unless otherwise specifically set forth
herein, or in state law as adopted, allegation and evidence of culpable
mental state are not required for proof of an offense defined by this
chapter.
(Ordinance 695-01 adopted 3/5/01)
(a) The
city enforcement agent shall be responsible for enforcement of this
chapter, except as may be provided herein. Enforcement may be by the
filing of a complaint in municipal court, by proceedings to enjoin
nuisances or in any other manner authorized by law. An animal control
officer and the city enforcement agent is authorized to issue citations
for a violation of this chapter.
(b) It
shall be unlawful for any person being issued a citation for a violation
of this chapter to be filed in municipal court or any civil proceeding
to intentionally or knowingly fail to give the city enforcement agent
his or her true name and address or to intentionally or knowingly
fail to appear in accordance with the terms of a citation or civil
process issued by the city enforcement agent.
(c) If
the individual who is to receive the citation is not present, the
city enforcement agent may send the citation to the alleged offender
by certified or registered mail, return receipt requested. If said
citation should come back unclaimed, the citation shall be sent regular
mail. If this regular mailing does not come back unclaimed, then service
shall be deemed completed.
(Ordinance 695-01 adopted 3/5/01)