The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abuse
means to mistreat through intent to abuse or reckless neglect of any animal in a manner that causes or is likely to cause stress or physical injury or as otherwise stated in this chapter.
Animal
means any living creature other than a Homo sapiens. Unless indicated otherwise, the term shall include livestock, fowl, reptiles, amphibians, and wildlife, as well as dogs, cats and other creatures commonly owned as pets. The term shall exclude a fish and other small aquarium-maintained creatures, not herein prohibited or restricted, where the owner only maintains no more than three aquariums having a total capacity of ninety gallons.
Animal control officer or animal control authority or animal control office
means the officer or office of the city primarily responsible for the enforcement of regulations regarding animals, including the officers of the police department.
Animal shelter
means a facility designated by the city council to be used for the impoundment of animals taken up by the animal control officers.
Authority
means the local rabies control authority as defined in this section [sic].
Brand
means a mark made on the skin of any animal which indicates the ownership of the animal, typically used with livestock.
Cat
means the male and the female of any domesticated member of the feline species of animals.
Day
means a workday and shall exclude Saturday, Sunday and city holidays.
Distance between structures,
where a minimum setback or distance between any enclosure for an animal from a residence is required, means the most direct line distance between the two structures, unless otherwise provided.
Dog
means the male and the female of any domesticated member of the canine species of animal.
Domestic animal
means any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild, any animal which can be vaccinated against rabies with an approved rabies vaccine, and any animal which has an established rabies quarantine observation period.
Estray
means any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, goat, confined and domesticated hares and rabbits, or any species of cattle.
Exotic species
means any animal or reptile, fish, or bird, born or whose natural habitat is considered to be outside the continental United States, including nonvenomous reptiles and fish.
Fish
means any of the cold-blooded animals that extract oxygen from water through the use of gills.
Fowl
includes all birds, e.g., chickens, turkeys, pheasants, quail, guineas, geese, ducks, peafowl and other domestic feathered creatures and nondomestic feathered creatures, regardless of age or sex.
Governmental entity
means an agency or political subdivision of the state or an agency or department of the federal government.
Harbor
means the act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter or care for a period of three days or longer.
Livestock
includes, regardless of age, sex or breed, horses and all equine species, including mules, donkeys and jackasses; cows and all bovine species; sheep and all ovine species; llamas; goats and all caprine species; and pigs and all swine species.
Multi-pet owner
means a person who keeps or harbors more than five cats or dogs or any combination of five cats and dogs. Puppies and kittens under four months of age shall not be counted for purposes of this definition.
Municipal court
means the municipal court for the city.
Neutered
means any animal, male or female, rendered incapable of breeding or being bred, i.e., castration in the male and spaying or ovariectomy in the female.
Nonregisterable dangerous dog
means any dog which:
(1) 
When unprovoked, severely attacked or inflicted serious injury or death to a person, whether on public or private property; or
(2) 
Has been deemed nonregisterable by the animal control officer and upheld or unchallenged by any court of jurisdiction.
Owner or presumed owner
means any person who has purchased or who owns, keeps, maintains, harbors or has care, custody or control of one or more animals. Ownership may be determined by identifying an adult resident of the premises upon which the animal is kept, maintained, harbored or otherwise resides and such adult shall constitute the owner of the animal upon such premises. Each actual resident of the premises shall be the owner or presumed owner and charged with responsibility for the animals thereon maintained or harbored.
Person
means and includes an individual human, partnership, co-partnership, firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
Poison
means a substance having an inherent harmful property which renders it, when taken into the system, capable of destroying animal life.
Premises
means a definite portion of a legal lot of real estate or land, together with any appurtenances or buildings.
Proper enclosure
means a house or a building, or in the case of a fence or structure/pen, the fence or structure/pen must be at least four feet in height. The structure/pen must also have minimum dimensions of five feet by ten feet. The fence or structure/pen must form an enclosure suitable to prevent entry of young children and must be locked and secured such that an animal cannot climb, dig, jump or otherwise escape of its own volition. The enclosure shall be securely locked at all times and have secured sides to prevent a dangerous animal or registered dangerous dog from escaping from the enclosure. The structure/pen shall provide protection from the elements for the animal. The animal control officer may require a fence higher than four feet or require a secure top and/or a secure bottom to the structure/pen if the need is demonstrated.
Rabies vaccination
means the vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the department of state health services and administered by a veterinarian licensed by the state.
Registered dangerous dog
means any dog registered with the city in compliance with chapter 822, Texas Health and Safety Code, subchapter D, and with the sections of this chapter addressing registered dangerous dogs.
Residence
means any place of human habitation at any time, day or night, including, but not limited to, any single- or multi-family dwelling, church, school, convalescent center or nursing home.
Restrained
means any animal secured by a leash, rope or chain of some sort or confined through fencing or otherwise within the property limits of its owner.
Restricted animals
means any individual species and/or subspecies of the following animals: antelope, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, lesser pandas, ferrets born in natural habitats, binturong, ostriches, emus, miniature pigs, Vietnamese potbelly pigs, apes, or such other nondomestic species of animal not common to this area.
Running at large (animals at large).
(1) 
Off-premises:
(A) 
Any animal, except pet cats, which is not restrained by means of a leash, chain, or other physical apparatus of sufficient strength and length to control the actions of such animal while off-premises;
(B) 
Any cat which is creating a nuisance off the owner’s property.
(2) 
On-premises:
(A) 
Any animal, except pet cats, not confined to 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 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 when the leash is stretched to full length;
(B) 
An animal intruding upon the property of another person other than the owner’s shall be termed “at large”;
(C) 
Any animal within a vehicle in a manner that would prevent that animal’s escape or contact with other persons or animals shall not be deemed “at large.”
Serious injury
means bodily injury resulting from severe attack or severe bite from an animal which produces severe pain, trauma, or loss of blood or tissue, and which requires medical treatment of wounds inflicted by the animal.
Severe attack
means an attack in which the animal repeatedly bites or vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack.
Severe bite
means a puncture or laceration made by an animal’s teeth which breaks the skin, resulting in a degree of trauma which would cause most prudent and reasonable people to seek medical care for treatment to the wound, without considerations of rabies prevention alone.
Stray animal
(including estray) means any animal, of which there is no identifiable owner or harborer, which is found to be at large within the corporate limits of the city.
Tag
means a vaccination tag attached to a collar as required by this chapter or some other permanent identifying device attached to a collar or to an animal.
Tattoo
means a permanent mark which is made on the skin of an animal by puncturing the skin and inserting indelible color, and which is used to show ownership.
Unprovoked attack
means that the animal was not hit, kicked, teased, molested or struck by a person with an object or part of a person’s body, nor was any part of the animal’s body pulled, pinched or squeezed by a person.
Vaccination
means an injection of a rabies vaccine which is approved by the U.S. Department of Agriculture, Veterinary Biologics Division, [and] state veterinarian, and administered by a licensed veterinarian or at an approved anti-rabies clinic.
Veterinarian
means any person duly licensed to practice veterinary medicine by the state board of veterinary examiners, or who is exempt from such licensing.
Wild animal or wildlife
means any nondomestic creature (mammal, amphibian, reptile or fowl) which is of a species which is wild by nature, which can normally be found in a wild state, and which is not naturally tame or gentle, or which, because of its size, vicious nature and other characteristics, constitutes a danger to human life or property, including all animals identified herein as prohibited.
(Ordinance 2017-08-21-02, art. I, sec. 1, adopted 8/21/17)
It is the intent and purpose of this chapter to provide a safe and healthy environment within the city for both animals and people. While a person may own and keep animals within the city, the conduct of those animals and the conditions that the animals are kept in should be safe and healthy and should not infringe on the surrounding homes and their inhabitants.
(Ordinance 2017-08-21-02, art. I, sec. 2, adopted 8/21/17)
(a) 
The provisions of this chapter may be enforced by animal control officers, police officers, and such other persons as are designated by the city.
(b) 
It shall be unlawful for any person to interfere with, obstruct, resist or oppose any animal control officer or other person authorized to enforce the provisions of this chapter while such person is apprehending an animal or performing any other duties or investigation. It shall be unlawful to take or attempt to take any animal from any animal control officer or from any vehicle used by the officer to transport any animal or to take or attempt to take any animal from the animal shelter or other kennel or confinement area used to impound an animal.
(c) 
In all instances of a violation of any provision of this chapter, whether the animal is impounded or not, the owner or keeper of such animal may be cited by an officer who has the authority to enforce this chapter for any violation of this chapter.
(d) 
In the enforcement of this chapter, animal control officers and police officers shall have the authority to shoot or otherwise disable any animal to protect themselves, to protect a third person or to protect another animal from attack or threat of imminent injury or to prevent such animal from enduring further pain or suffering as a result of disease or injury. They shall also have the authority to tranquilize or trap any animal, fowl, livestock or wildlife consistent with humane policies adopted by the animal control office.
(e) 
Unless specifically provided in this chapter, an offense under this chapter shall not require a culpable mental state. It is the intent of this chapter to impose strict liability for violation of the requirements of this chapter.
(Ordinance 2017-08-21-02, art. I, sec. 3, adopted 8/21/17)
Any person who finds an animal which he does not own on property that he owns or exercises control over or on public property may take control of said animal if it is running at large (as provided in section 92 [2.02.002]) and may deliver the animal to an animal control officer, the animal shelter, or an animal emergency medical facility. If the animal is not delivered to an animal control officer, the animal shelter, or an animal emergency medical facility, the person must report that he had taken control of the animal to an animal control officer or the animal shelter within seventy-two (72) hours. If animal is wearing a tag of any kind or has a tattoo, brand, or other identifying mark, that information shall be included in the report to the animal control officer or animal shelter.
(Ordinance 2017-08-21-02, art. I, sec. 4, adopted 8/21/17)
(a) 
Any person who shall violate any of the provisions of this chapter, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(b) 
A person commits an offense if, with intent to deceive, he knowingly makes a false report or statement, either verbal or written, that is material to an investigation of an alleged violation of this chapter to an animal control officer or other person authorized to enforce the provisions of this chapter.
(c) 
A person commits an offense if he reports to a person authorized to enforce the provisions of this chapter an offense or incident within that person’s concern knowing that the offense or incident did not occur.
(Ordinance 2017-08-21-02, art. I, sec. 5, adopted 8/21/17; Ordinance adopting 2018 Code)
In any prosecution charging a violation of this chapter governing the abuse, neglect or ownership of an animal or failure to license an animal as herein required, proof that the particular property described in the complaint was the premises upon which the animal resided, was harbored or maintained and a violation of any section of this chapter occurred involving said animal, together with proof that the defendant named in the complaint was, at the time of such complaint or at the time when the animal was in violation of this chapter, the registered owner of such animal or the person with legal rights to reside on said property, shall constitute in evidence a prima facie presumption that the registered owner of such animal or the person with legal rights to reside on said property was the owner of the animal and the person who failed to comply with this chapter.
(Ordinance 2017-08-21-02, art. I, sec. 6, adopted 8/21/17)
Whenever any premises where animals are kept in an unsanitary condition, or the facilities, are not in keeping with provisions of this chapter or any other regulations herein or if any health ordinance or law is not observed, the city health officer or his/her representative, by written notice to the person responsible for the condition of the premises, may order the abatement of the conditions which are not in accordance with this chapter or other regulations, or conditions which constitute a nuisance. Failure to comply with such order shall, in addition to any criminal or administrative proceedings, be grounds for and entitle the city to obtain relief by injunction.
(Ordinance 2017-08-21-02, art. I, sec. 7, adopted 8/21/17)
The fee schedule established by the city council shall apply to all animals within the city limits. In no instance shall the city be required to bear the costs of any animal that has an owner. The owner shall reimburse the city for any actual expenses and shall be responsible for all fees set forth in the fee schedule. The city may recover all fees, costs and damages incurred as a result of the animal as restitution in a criminal proceeding under the provisions of this chapter or the state statute in addition to a fine being charged.
(Ordinance 2017-08-21-02, art. I, sec. 9, adopted 8/21/17; Ordinance adopting 2018 Code)