Abandon.
To leave unattended for more than seventy-two (72) hours.
Animal.
Any living creature, including but not limited to: dogs,
cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl,
and livestock, but specifically excluding human beings.
Animal Control Officer.
Any individual employed, contracted with or appointed by
the town for the purpose of aiding in 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 and includes
any state or local law enforcement officer or other employee whose
duties in whole or in part include assignments that involve the seizure
and impoundment of any animal.
Animal Shelter.
A facility operated by the town or with which the town has
contracted for the purpose of impounding or caring for animals held
under the authority of this chapter or state law.
At Large.
When an animal is not confined to the premises of its owner
by fence of sufficient strength and/or height to prevent the animal
from escaping therefrom, inside the house or other enclosure, or secured
on such premises by a leash of sufficient strength to prevent the
animal from escaping from the premises, and so arranged that the animal
will remain upon such premises when the leash is stretched to full
length in any direction. An animal shall not be considered “at
large” when held and controlled by a person of adequate strength
by means of a leash, cord, chain, or rope of proper strength and length
to control the action of the animal, or while confined within a vehicle.
An “invisible fence” will suffice as sufficient restraint
so long as the animal is not found outside the premises of the owner
and the invisible fence is registered with the animal control department.
Bite.
Any abrasion, scratch, puncture, tear or piercing of skin
caused by an animal.
Cat.
All domestic species or varieties of felis catus, male or
female, alive or dead.
Dangerous Dog.
Any dog that, according to the records of the appropriate
authority:
(1)
Has aggressively bitten, attacked, or endangered or has inflicted
severe injury on a human being on public or private property;
(2)
Has more than once severely injured or killed a domestic animal
while off the owner’s property;
(3)
Has been used primarily or in part for the purpose of dog fighting
or is a dog trained for dog fighting; or
(4)
Has, when unprovoked, chased or approached a person upon the
streets, sidewalks, or any public grounds in a menacing fashion or
apparent attitude of attack, provided that such actions are attested
to in a sworn statement by one or more persons and dutifully investigated
by the appropriate authority.
Dog.
All domesticated members of the canis familaris, male and
female, alive or dead.
Enforcement Officers.
Those authorized to enforce the provisions of this chapter,
including but not limited to the local health authority representative,
any animal control officer, or any police officer.
Harboring of Animals.
The keeping and caring, including but not limited to feeding
and providing water, for an animal.
Humanely Euthanize.
To cause the death of an animal by a method which:
(1)
Rapidly produces unconsciousness and death without visible evidence
of pain or distress; or
(2)
Utilizes anesthesia produced by an agent which causes painless
loss of consciousness with death following such loss of consciousness.
Impound.
To seize and hold in the custody of the local health authority
or other authority such as a veterinarian.
Invisible Fence.
Any fence which cannot be seen with the human eye but that
is designed to keep an animal enclosed in a space by means of laser
technology or sound technology. Such invisible fence must not be capable
of causing pain or discomfort to any human being that crosses its
path.
Law Enforcement Officer.
Those authorized to enforce the provisions of this chapter,
namely, the local health authority, the local health authority representative,
any animal control officer, or any peace officer.
Livestock.
Horses, mules, cows, hogs, goats and sheep of any and all
kinds and shall include both the male and female species of such animals.
Local Health Authority.
The animal control officer is designated as the local health
authority and has authority to appoint representatives to enforce
the provisions of this chapter, to receive reports of animal bites,
investigate animal bites, insure quarantine of possibly rabid animals
and otherwise carry out provisions of the Texas Law pertaining to
control and eradication of rabies. This term includes animal control
officers, law enforcement officers and enforcement officers as defined
herein, including their respective designees.
Observation Period.
The ten (10) days following a biting incident during which
an animal’s health status must be monitored.
Owner.
A person who harbors, keeps, possesses, or permits to be
harbored, kept, or possessed, an animal in his care, on or about his
premises, without regard to title, purchase, or acceptance of animal
as a gift.
Person.
Any individual, firm, association, partnership, or corporation
or any other legal entity.
Police Dog.
Any dog used by a law enforcement agency or its officers
in the administration of official duties.
Pot-Bellied Pig.
Shall refer to a variety of swine that is no more than eighteen
inches (18") in height at shoulder level when full grown, has short
erect ears, and a straight tail. Swine shall not be considered a pot-bellied
pig if its weight exceeds sixty (60) pounds or unless registered with
a licensed breeder.
Prohibited Animals.
An animal not normally considered domesticated including,
but not limited to, venomous lizard, poisonous snake, boa, python,
raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee,
antelope, deer, any protected, threatened, or endangered species as
defined by the Texas Wildlife Commission and the U.S. Fish and Wildlife
Service, or any other wild animal capable of, or inclined to do, serious
bodily harm to humans or other animals or fowl.
Proper Enclosure of a Dangerous Dog.
While on the owner’s property, a dangerous dog is securely
confined indoors or in a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children (nine (9) years of
age or younger) and designed to prevent the animal from escaping.
Such pen or structure shall have secure sides and, where appropriate,
a secure top to prevent the dog from escaping over, under, or through
the structure and shall also provide protection from the elements.
Public Nuisance Animal.
Any animal or animals that unreasonably annoy(s) humans,
endanger(s) the life or health of other animals or humans, or substantially
interfere(s) with the rights of citizens, other than their owners,
to the enjoyment of life or property. The term “public nuisance
animal” shall mean and include, but is not limited to, any animal
that:
(1)
is repeatedly found at large;
(2)
damages the property of anyone other than its owner;
(4)
excessively makes disturbing noises, including, but not limited
to, continued and repeated howling, barking, whining, or other utterances
causing unreasonable annoyance, disturbance or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored;
(5)
causes fouling of the air by odor and thereby creates unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept or harbored;
(6)
causes unsanitary conditions in enclosures or surroundings where
the animal is kept or harbored; or attacks other domestic animals.
Quarantine.
Strict confinement under restraint by closed cage or padlock
or in any other manner approved in this chapter or state law on the
private premises of the owner or at a facility approved by the state
board of health or its designee, or the city animal shelter.
Rescue Organization.
Any licensed or certified association or group in which the
purpose is to care for particular breeds of dogs or cats, or both,
temporarily until permanent adoptive homes are found.
Severe Injury.
Any physical injury that results in broken bones, multiple
bites, or disfiguring lacerations requiring sutures or reconstructive
surgery.
Stray Animal.
Any animal for which there is no identifiable owner or harborer.
Unprovoked.
An action by an animal that is not in response to being tormented,
abused, teased or assaulted by any person; in response to pain or
injury; or in protection for itself or its food, kennel, immediate
territory, or nursing offspring.
Vaccinated.
Properly injected with a rabies vaccine licensed for use
in that species by the United States Department of Agriculture and
administered by a veterinarian licensed to practice in the State of
Texas in an amount sufficient to provide an immunity.
Vaccinated and Current.
Vaccinated and satisfying the following criteria:
(1)
The animal must have been at least three (3) months of age at
the time of vaccination;
(2)
At least thirty (30) days have elapsed since the initial vaccination;
and
(3)
Not more than thirty-six (36) months have elapsed since the
most recent vaccination.
Veterinarian.
A veterinarian licensed to practice veterinary medicine.
Vicious Animal.
Any individual animal that has on two previous occasions,
without provocation, attacked or bitten any person or other animal,
or any individual animal which the local health authority or his representative
has reason to believe has a dangerous disposition likely to be harmful
to humans or other animals.
Wild Animals.
Shall include all species of animals that commonly exist
in a natural unconfined state and are usually not domesticated. This
shall apply regardless of state or duration of captivity. The term
shall include but is not limited to: foxes, panthers, wolves, alligators,
crocodiles, apes, elephants, rhinoceroses, and all forms of poisonous
or constricting reptiles, and other like animals.
(Ordinance 03-003 adopted 4/7/03)