For the purpose of this chapter, the following terms are defined as follows:
To desert or leave without care.
“wild” bees that are overly aggressive and are more likely to sting in greater numbers.
Any living creature, except human, being classified as a member of the Kingdom Animalia and including, but not limited to, mammals, birds, reptiles and fish.
Any employee or contractor appointed by the city manager for the purpose of the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals. These individuals are given the authority to issue citations for any violation of this chapter.
Any facility or business that has custody or control of any animal within the city, including, but not limited to, pet shops, grooming and boarding facilities, animal auction facilities or kennels. This term does not include veterinary or medical facilities, research or other facilities licensed by government agencies.
The facility operated by the City of Brenham for the temporary confinement, safekeeping and control of animals that come into the custody of the City of Brenham.
A place where one (1) or more bee colonies are kept.
An animal that meets at least one (1) of the following criteria:
An animal that is not confined to the premises of the owner by substantial physical means of restraint of sufficient height, strength, and/or manner of construction to preclude the animal from leaving the premises of the owner or being able to come within six (6) feet of any public area;
An animal that is not under direct physical control of a person by means of a restraint of sufficient strength and of a length of not more than six (6) feet.
Any stage of the common domestic honey bee, Apis Mellifera species.
A person who owns or has charge of one (1) or more colonies of bees.
Any member of the family Felis domestica.
The City of Brenham, Texas, an incorporated municipality located in Washington County, Texas.
A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.
A feral cat that has been ear-tipped, vaccinated and sterilized through trap-neuter-return.
A person who participates in trap-neuter-return and/or provides care, including food, shelter, and/or medical care to community cats. A community cat caregiver shall not be considered the owner, caretaker, custodian, harbor, or keeper of a community cat.
A group of community cats that congregate, more or less, together as a unit and may share a common food source.
An animal that is considered to have a current anti-rabies vaccination according to the Texas State Rabies Control Act, as amended, and the minimum standards established by the appropriate state agency or rule-making board.
An animal that makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than the enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or
An animal that commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person; or
An animal that commits an unprovoked attack on human being that causes serious bodily injury or death and occurs in an enclosure for which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own unless the person who was attacked was trespassing or otherwise violating the law by being within the enclosure; or
An animal that is at large and commits an unprovoked attack on a domestic animal that causes the death of the attacked animal; or
An animal that is at large and commits an unprovoked attack on a domestic animal that causes serious bodily injury to the attacked animal and the attacking animal has already committed at least one (1) unprovoked attack on a previous occasion against a human being or domestic animal.
The term “dangerous animal” does not include an animal that commits an unprovoked attack on a human being in an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure where the person who was attacked was trespassing or otherwise violating the law by entering the enclosure. |
Any member of the family Canis familaris.
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.
The removal of the three-eighths (3/8) inch tip of a cat's ear, performed by a licensed veterinarian while the cat is under anesthesia, to identify the cat as being a community cat that has been sterilized and lawfully vaccinated for rabies.
Shall mean pens, hutches, cages or some other physical means of sufficient height, strength, length, or manner of construction to preclude an animal from escaping. Such enclosure shall be securely enclosed and designed with secure sides, top and bottom.
Shall mean the same as a wild animal.
Any member of the species felis domestica that is undomesticated, wild, homeless, untamed, or otherwise unaccustomed to human interaction. Other common names include stray cat or barn cat.
All animals belonging to the class of Avies, including all game birds such as, but not limited to: doves, quail, ducks, geese, pigeons, cardinals, blue jays, sparrows, crows.
Any dog which:
A structure intended for the housing of a bee colony.
Any member of the family Equidae domestica.
Care of an animal to include, but not be limited to, ventilation and sanitary shelter, wholesome food and water, consistent veterinarian care, and normal feeding habit in relation to the animal’s size, species and breed.
The placing of an animal in the city’s animal shelter, or, the taking into custody of any animal for the purposes of transporting to the city’s animal shelter.
Includes tortured, seriously overworked, unreasonably abandoned, unreasonably deprived of necessary food, veterinarian care, shelter, cruelly confined, or caused to fight with another animal.
An establishment where a person, partnership, or corporation keeps dogs and/or cats for the purposes of breeding, buying, selling, trading, showing, training or boarding such animals for profit.
The agency or department of the city or any designated representative, charged with administering the issuance and/or revocation of permits and licenses under the provisions of this chapter as designated by the city manager.
Domestic animals generally used or raised on a farm for profit or use, including, but not limited to: cattle, cows, bulls, sheep, goats, pigs, hogs, sows, horses, stallions, mares and jacks.
The person designated by the Texas Department of Health as the official in charge of rabies control investigations and enforcement for the city.
The license required to house, own, harbor, control, or have custody of four (4) dogs and/or cats over the age of four (4) months.
Permanently incapable of reproduction.
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.
A person who is walking on a street, alley, sidewalk, or other developed area.
Any individual, corporation, partnership, organization, or any institute commonly recognized by law as a legally accountable unit.
Shall mean the conduct of any owner in allowing an animal to:
Engage in conduct which establishes such animal as a “dangerous animal”;
Damage, soil, defile or defecate on private property other than the owner’s or on public property unless such waste is immediately removed and properly disposed of by the owner of the animal;
Be “at large”;
Cause a disturbance by excessive barking or noise making, near the private residence of another or to the extent that the barking or noise disturbs the peace or quiet of any neighborhood or can be heard from within the neighboring residence of another;
Produce odors or unclean conditions sufficient to offend a person of normal sensibilities or which creates a condition conducive to the breeding of flies or other pests;
Chase vehicles or molest, attack or interfere with other animals or persons, or is at large on public or private property; or
Create a condition that is dangerous to human life or health, renders the ground, the water, the air or food a hazard or injurious to human life or health or that is offensive to the senses or that is detrimental to public health.
To control an animal by means of a chain, rope, tether, leash, cable, or other device that attaches an animal to a stationary object or trolley system.
Space free from health hazards including excessive animal waste, overcrowding or animals, or other conditions that endanger the animal’s health.
Any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.
Weather conditions in which:
A structure that is capable of adequately providing cover and protection from heat, cold, and other environmental conditions. At minimum, a shelter must have three (3) sides, a top, and a bottom and be adequately ventilated. It must have bedding material. It must be large enough so that the animal can enter, stand, turn around, and lie down but small enough to prevent the loss of body heat during cold weather.
An animal is rendered incapable of reproduction.
Any man-made object having a stationary location on or in land, whether or not affixed to the land, including, but not limited to: residential buildings, detached garages, temporary/out buildings, workshops, gazebos, pergolas, and swimming pools.
A contiguous parcel of land under common ownership.
A nonlethal approach to feral cat population control where feral cats are humanely trapped, sterilized and vaccinated, ear-tipped, and then returned to the location where they were originally trapped or to another community cat colony.
Any land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school, or governmental facilities or other structures or improvements intended for human use [or] occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes.
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 by a state-licensed veterinarian for the purpose of immunizing the animal against rabies.
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries in animals.
Any animal not normally considered domesticated which, because of its size, vicious nature or other natural characteristics would constitute a dangerous threat to human life, property or domestic animals including but not limited to:
Reptiles venomous reptiles, crocodile or alligator;
Birds, eagles, owl or any species illegal to own under federal or state law;
Mammals including ocelots, lions, tigers, jaguars, leopards, cougars, wolves, dingoes, coyotes, jackals, weasels, martins, minks, badgers, raccoons, pandas, bears, kangaroos, opossums, sloth, anteaters, armadillos, monkeys, chimpanzee, gorillas, orangutans, porcupines, antelope, deer, bison and camels.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)