This chapter shall be known, and may be cited, as the Animal
Welfare Ordinance of the City.
(Ordinance 1468-20-11-24, passed 11-24-20)
(A)
ABANDON.
ANIMAL.
ANIMAL HOUSING ENCLOSURE.
ANIMAL SHELTER.
ANIMAL SERVICES OFFICER.
ASSISTANCE ANIMAL.
AT LARGE.
(1)
(2)
BASIC GROOMING.
BODILY INJURY.
BUSINESS DAY.
CAT.
CITY.
CITY ENFORCEMENT AGENT.
CONVICTION.
CULPABLE MENTAL STATES.
(1)
(2)
(3)
(4)
CURRENTLY VACCINATED.
DANGEROUS DOG.
(1)
(2)
DANGEROUS WILD ANIMAL.
(1)
(2)
(3)
DEPARTMENT.
DESIGNATED CARETAKER.
DIRECT PHYSICAL CONTROL.
DIRECTOR OF ANIMAL WELFARE SERVICES.
DOG.
DOMESTIC ANIMAL.
(1)
(2)
(3)
(4)
(5)
ESTRAY.
EUTHANASIA.
FERAL ANIMAL.
HUMANE TRAP.
IDENTIFICATION.
IMPOUND.
INHUMANE TREATMENT OF ANIMALS.
INTACT.
LIVESTOCK.
LOCAL RABIES CONTROL AUTHORITY (LRCA).
LOCAL RABIES CONTROL INCIDENT (LRCI).
MICROCHIP IMPLANT.
MICROCHIP READER.
NOTICE.
NOTIFY AND NOTIFICATION.
OFFER TO TRANSFER OWNERSHIP.
OWNER.
OWNER’S AGENT.
OWNER SURRENDER.
PERSON.
PUBLIC NUISANCE.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
QUARANTINE.
RELEASING AGENCY.
RESTRAIN(T).
SECURE ENCLOSURE.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
SERIOUS BODILY INJURY.
SHELTER.
STERILIZED.
TETHER.
TRANSFER OWNERSHIP.
TWELVE (12) CONSECUTIVE MONTH PERIOD.
UNPROVOKED.
VACCINATION.
VETERINARY HOSPITAL.
WILDLIFE EDUCATIONAL CENTER.
WILDLIFE REHABILITATOR.
ZOOLOGICAL EDUCATIONAL OUTREACH DISPLAY.
ZOOLOGICAL PARK.
Unless
otherwise expressly stated, the following words, terms, and phrases
shall have the following meanings when used in this chapter:
To fail to adequately provide an animal with one (1) or more
of the necessities of life, including but not limited to, air, food,
potable water, sanitary conditions, shelter, protection from the heat,
cold, or other environmental conditions, or under other circumstances
that may cause bodily injury, serious bodily injury, or death of the
animal, for twenty-four (24) or more hours, or to leave an animal
in the care, custody, or control of another person without his or
her consent.
A nonhuman live, vertebrate creature, wild or domestic.
Any structure or other enclosure contained within the owner’s
property limits and designed, adapted, or used to segregate an animal
to a smaller area or restrict an animal to a limited space, including,
but not limited to, pens, kennels, dog runs, rooms, cages, compartments,
hutches, coops, and fenced portions of a yard or property. This term
does not include the term shelter as defined in this section.
An establishment operated by the city for the temporary confinement,
safekeeping, and control of animals which come into the custody of
the city as prescribed under this chapter.
An employee of animal welfare services to represent and act
for the city in the impounding of animals, controlling of animals
running at large, and enforcing the provisions of this chapter and
all regulations relating to animals as authorized by state or federal
law.
As assigned in V.T.C.A., Human Resources Code, Ch. 121, as
amended.
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 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 of a tether of sufficient strength and of a length of not more
than six (6) feet.
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The term at large does not apply to an animal that is lawfully
in any off-leash site or dog park authorized by the city or the Code,
so long as the person with care, custody, or control of the animal
is in compliance with all other requirements of the Code. This definition
does not apply to an indigenous wild or feral animal.
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Maintaining the eyes, ears, beaks, hooves, feet, nails, coat,
and skin of an animal in such a manner that is reasonably necessary
for the health and safety of the animal.
Physical pain, illness, or any impairment of physical condition
that would cause a reasonably prudent person to seek treatment from
a medical professional or veterinarian without regard to whether the
person actually sought the treatment.
A day during which the city animal shelter is open for business.
A domesticated member of the feline family (Felis domesticus)
other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar
or other prohibited feline, or any hybrid thereof.
The City of Pflugerville.
Any designee of the city’s Director of Animal Welfare
Services, any animal services officer, law enforcement officer that
is employed by the city, or other persons as are designated by the
city.
Includes
A person acts intentionally, or with intent, with respect to
the nature of his conduct or to a result of his conduct when it is
his conscious objective or desire to engage in the conduct or cause
the result;
A person acts knowingly, or with knowledge, with respect to
the nature of his conduct or to circumstances surrounding his conduct
when he is aware of the nature of his conduct or that the circumstances
exist. A person acts knowingly, or with knowledge, with respect to
a result of his conduct when he is aware that his conduct is reasonably
certain to cause the result;
A person acts recklessly, or is reckless, with respect to circumstances
surrounding his conduct or the result of his conduct when he is aware
of but consciously disregards a substantial and unjustifiable risk
that the circumstances exist or the result will occur. The risk must
be of such a nature and degree that its disregard constitutes a gross
deviation from the standard of care that an ordinary person would
exercise under all the circumstances as viewed from the actor’s
standpoint;
A person acts with criminal negligence, or is criminally negligent,
with respect to circumstances surrounding his conduct or the result
of his conduct when he ought to be aware of a substantial and unjustifiable
risk that the circumstances exist or the result will occur. The risk
must be of such a nature and degree that the failure to perceive it
constitutes a gross deviation from the standard of care that an ordinary
person would exercise under all the circumstances as viewed from the
actor’s standpoint.
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.
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 and 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 and 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 attach and cause
bodily injury to that person.
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The term dangerous dog is construed to the definition as provided
by Tex. Health and Safety Code sec. 822.041, as amended and follows
the state law definition.
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Any animal not normally considered domesticated, regardless
of the state or duration of captivity, or any animal that is restricted
from ownership by any international, federal, or state law including,
but not limited to, the following animals:
Lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat,
lynx, serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee,
orangutan, or gorilla;
Any species illegal to own under federal or state law, or any
animal which is, or may be hereafter, listed as a “high risk”
animal in the Texas Rabies Control Act; or
Any hybrid of any animal classified as a wild animal.
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This definition mirrors Tex. Health and Safety Code sec. 822.101,
currently and in the future.
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The city animal welfare services department.
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.
Having precautions in place so the person may exercise physical
control over the animal in the event it should become necessary to
do so to protect the animal, a human, or another animal from harm.
For the purposes of this chapter, voice control, shock collars, e-collars,
and collar-mounted electronic training devices, regardless of the
animal’s proximity or training status, shall not be considered
direct physical control.
The person designated by the City of Pflugerville as the
director of Animal Welfare Services and the Animal Shelter.
A domesticated member of the canine family (Canis familiaris),
other than a wolf, jackal, fox, dingo, coyote, or other prohibited
canine, or any hybrid thereof.
Any animal that lawfully may be kept as a pet or as livestock
within the city so long as all of the required provisions of this
chapter are met, ownership or possession of said animal is not prohibited
by any international, federal, local or state law, and it is not a
dangerous wild animal, as defined herein, including but not limited,
to the following animals:
REPTILES:
Any non-venomous reptile that does not typically reach total
lengths greater than eight (8) feet;
BIRDS:
Any birds commonly kept as pets, or any bird kept for falconry
purposes by a state and federally permitted falconer;
AMPHIBIANS:
Any frogs or toads commonly kept as pets;
FISH:
Any fish commonly kept as pets; and
MAMMALS:
Any mammals commonly kept as pets or livestock including,
but not limited to, dogs, cats, ferrets, rabbits, guinea pigs, hamsters,
hedgehogs, rats, mice, chinchillas, sugar gliders, horses, cows, alpacas,
and llamas.
Any branded or unbranded livestock, fowl, exotic livestock,
or exotic fowl found running at large, including but not limited to
a stray horse, stallion, mare, gelding, filly, colt, mule, hinny,
jack, jennet, hog, sheep, goat, or head of any species of cattle.
The termination of an animal by a person using methods authorized
by state and federal laws.
Any unowned, untamed animal living in the wild that will
not voluntarily accept handling by human beings despite usually being
considered a domestic animal.
Any trap designed to capture an animal without injuring the
animal.
Any acceptable method, such as microchipping, registration
tag, or tattoo, which can be used to readily trace the current ownership
of an animal.
The placing of an animal in the city’s animal welfare
services facility.
Any treatment of an animal prohibited by any provision of
this chapter.
Any animal that has not been sterilized.
Includes domesticated animals typically kept to provide food
or fiber or perform work, whether or not they actually provide these
functions, including but not limited to, regardless of age, sex, or
breed: horses, consisting of all equine species including ponies,
mules, donkeys, jackasses, and burros; cattle, consisting of all bovine
species; sheep, consisting of all ovine species; llamas and alpacas;
goats, consisting of all caprine species; roosters; and pigs or hogs,
consisting of all swine species.
The person designated by the governing body of a municipality
to enforce the Texas Health and Safety Code, as amended.
Any bite, scratch, or other injury to a person caused by
a warm-blooded animal that breaks the victim’s skin and/or causes
him or her to bleed and potentially come into contact with the injuring
animal’s saliva and could therefore allow the rabies virus to
be transmitted from the animal to the person.
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 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
displays 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.
By personal service, certified mail (return receipt requested),
or a written notice left at the entrance to the premises where the
animal is harbored.
Unless otherwise defined in this chapter, a requirement to
notify the department, to contact the department at (512) 990-6280
and speak with an employee of the department or leave a voicemail.
Notification shall be made immediately, but only as soon as can be
done so safely.
To offer to convey ownership rights, in person, electronically,
or by any other, of an animal from one (1) person to another by any,
including, but not limited to, auctioning, selling, giving away, delivering,
trading, or bartering.
Any person or persons, firm, partnership, corporation, association
or entity that harbors, shelters, keeps, controls, manages, possesses
or has whole or part interest in any animal. The occupant, owner or
head of household of any premises where an animal remains for seventy-two
(72) hours or more shall be presumed to be the owner of the animal.
A property owner, occupant, or head of household of any premises on
which a dog or cat remains or customarily returns to is an owner for
purposes of this chapter. If a person under the age of seventeen (17)
years owns an animal, the parent, legal guardian, or the head of the
household shall be the owner for purposes of this chapter. There may
be more than one (1) person who is the owner or responsible for an
animal. This term shall include persons who are in temporary possession
of the animal, including but not limited to, pet sitters, groomers,
boarders, walkers, and trainers.
A person who has been authorized by the owner to act on his
behalf.
When a city resident gives their pet to the P.A.W.S. shelter because they no longer wish to provide its care. An appointment must be made to check temperament and health of the animal and to schedule the giving of the animal to the shelter based on current capacity and space availability. Not every animal brought for surrender will be accepted by the shelter. This determination will be made at the discretion of the director of animal welfare services or their designee in accordance with the rules of this chapter and § 90.100(B).
A person who owns or harbors or has custody or has control
of the animal. The term person shall include the term owner.
Includes, but is not limited to, any animal that:
Molests passersby or passing vehicles;
Acts in a threatening manner in any location other than the
property of its owner toward any person other than its owner;
Attacks or chases another animal, when the animal is on the
property of its owner or custodian;
Causes trash or garbage to be removed from a trash or garbage
container;
Defecates on the property of another person;
Trespasses on school grounds;
Is at large;
Damages private or public property;
Makes frequent or long continued noise which is disturbing to
a person who has normal nervous sensibilities and ordinary tastes,
habits, and modes of living; or
Causes an offensive odor which is detectable across its owner’s
property line.
To confine and isolate from human beings and other animals
in a state-approved quarantine facility or in compliance with all
stipulations of a home quarantine when allowed by the local rabies
control authority. The quarantine period for a dog, cat, or a domestic
ferret for rabies observation is two hundred forty (240) hours from
the date and time of the bite, scratch or other exposure, or as specified
by state law or rule.
Any public or private animal pound, shelter, or humane organization.
The term does not include an individual who occasionally renders humane
assistance or shelter in the individual’s home to a dog or cat.
To control an animal by the following: a leash or lead; by
confinement in a structure, cage, vehicle, wall, or fence of sufficient
strength or construction to prevent the animal from escaping; or by
actual physical control by the owner or owner’s agent.
An animal housing enclosure that meets all of the following
criteria:
Is located inside a separate fenced area;
Is locked;
Is capable of preventing the entry of the general public, including
children;
Is capable of preventing the escape or release of an animal
in the enclosure;
Is clearly marked as containing a dangerous animal;
Has an attached, secure roof or top made of material preventing
escape;
Has a concrete floor or sides and constructed to prevent the
animal from digging under the secure enclosure and escaping;
Is located a minimum of five (5) feet from any fence line or
wall that abuts private property or a public area; and
Complies with all additional requirements as established and
provided in writing to the owner by the animal services department
or this chapter.
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.
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 must 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 rendered incapable of reproduction.
Any leash, chain, cord, rope, or other type of restraining
an animal or the act of chaining, tying, fastening or otherwise securing
an animal to a fixed point so that it can move or range only within
certain limits.
To convey ownership rights of an animal from one (1) person
to another by any.
The 12-month period immediately preceding the date of an
event.
That the animal was not hit, kicked, pulled, struck, pinched,
poked, prodded, shocked, or squeezed by a person with an object or
part of the person’s body, or otherwise teased or tormented
in any manner.
The inoculation of an animal with an anti-rabies vaccine
that is licensed by the United States Department of Agriculture for
use in that species and which is administered in accordance with the
label’s directions and all state and federal laws for the purpose
of immunizing the animal against rabies.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis, and treatment of illnesses, diseases, and
injuries of animals.
An organization that has met all of the state and federal
requirements to possess and display wild or domestic animals for educational
purposes.
A person holding all current state and/or federal permits
needed to temporarily house allowed native wild animal species in
his or her possession with the goal of rehabilitating the animal(s)
and releasing it back into its natural habitat in accordance with
all state and federal laws.
Any temporary spectacle, display, event, exhibition, or act
where the operator has met all state and federal requirements to possess
and display domestic, wild, or wild Class I animals for educational
purposes and is accredited through the American Zoological Association
or Zoological Association of America. For this definition, temporary
shall mean lasting seven (7) days or less.
A government-operated facility displaying or exhibiting one
or more species of non-domesticated animals.
(B)
Terms
not defined herein shall be construed in accordance with customary
usage.
(Ordinance 1468-20-11-24, passed 11-24-20; Ordinance
1590-23-05-09 passed 5/9/2023)
