When used in the city Code of Ordinances, the following words
and terms, unless the context indicates a different meaning, shall
be interpreted as follows:
Animal.
Any or all animals listed or defined, but not limited to,
animals in this chapter.
Animal control officer.
The person designated by the city and/or chief of police
as the enforcement officer of city Code of Ordinances regulating animals
and owners of animals and for the enforcement of sections of the state
statutes pertaining to the care and control of animals.
Animal shelter.
A facility designated and/or operated by the city for the
purpose of impounding and caring for animals held under authority
of this chapter.
Attack.
An attack in which the animal bites or vigorously shakes
its victim, [and the victim,] or a person intervening, has extreme
difficulty terminating the attack.
Bite.
A puncture or laceration made by an animal’s teeth,
which breaks the skin.
Cat.
Both the male and female of the felis species.
Dangerous dog.
A dog determined dangerous under this code in compliance
with state law.
Dog.
Both the male and female of the canine species.
Estray.
Any stray horse, stallion, mare, gelding, filly, colt, mule,
jenny, jack, jennet, hog, sheep, goat, confined and domestic hares
and rabbits, or any species of cattle.
Injury.
Bodily injury resulting from an attack or 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.
Nuisance.
The conduct of any owner in allowing an animal to:
(1)
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;
(2)
Be “at large” (excluding house cats);
(3)
Cause a disturbance by excessive barking or noise-making near
the private residence of another;
(4)
Produce odors or unclean conditions sufficient to annoy persons
living in the vicinity; or
(5)
Chase vehicles or molest, attack or interfere with other animals
or persons on public property.
Owner.
Any person having title to or custody of or who owns, feeds,
keeps, maintains or harbors a dog or cat. Harboring shall include
knowingly feeding or allowing a dog or cat to remain on the owner’s
premises.
Poultry.
All domesticated fowl and all game birds which are legally
kept in captivity.
Quarantine.
A period of ten days used for observation of a domestic or
pet animal to determine the health status of that animal in relation
to the rabies virus.
Quarantine by owner.
An owner who quarantines with animal control permission under
the following conditions:
(1)
The animal must have a current rabies vaccination and be registered
with the city;
(2)
The animal must be inside an enclosed structure, i.e., house
or garage, and must remain there for ten days;
(3)
If maintained outside, the animal must be behind a fence from
which it cannot escape or inside a covered pen or kennel from which
it cannot escape;
(4)
The animal must be kept away from other animals and people except
those in the immediate household;
(5)
The animal may not be removed from the city limits while under
quarantine;
(6)
The owner shall notify animal control immediately if the animal
is sick or displays any behavioral changes;
(7)
The owner shall not subject the animal to any medical procedure
without first notifying the animal control officer. This includes
any vaccination;
(8)
No animal that is at large or unleashed at the time of exposure
may be quarantined by the owner;
(9)
The owner must allow the animal control officer to view and
confirm the health of the animal daily during the rabies quarantine
period.
Rabies vaccination.
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.
Restrained.
A dog shall be deemed restrained when it is:
(1)
Confined on the premises of the owner within a building or walled
or fenced enclosure;
(2)
Fastened or picketed by a lead or chain, not more than twenty
(20) feet in length and of such strength that it cannot break loose
so as to keep the dog on the owner’s premises, and it cannot
reach a city sidewalk or city easement;
(3)
Under the control of a competent person on a leash;
(4)
On or within a vehicle being driven or parked; or
(5)
At heel beside a competent person and obedient to that competent
person’s command. Minors shall not be considered competent persons
for this purpose.
Running at large.
(1)
Off premises:
(A)
Any animal, except pet cats, which is not restrained by means
[of a leash], or other physical apparatus of sufficient strength and
length to control such animal while off the owner’s premises.
Not restrained, as that term is defined in this section;
(B)
Any cat which is creating a nuisance off the owner’s property;
(C)
Any animal, except pet cats, which is allowed to roam the streets,
alleys or public grounds of the city.
(2)
On premises:
(A)
Any animal, except pet cats, not confined to premises by a substantial
fence of sufficient strength and height or restrained by a chain or
leash to prevent the animal from escaping therefrom;
(B)
An animal intruding upon the property of another person other
than the owner’s shall be termed “at large.”
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.
Veterinarian.
Any practitioner of veterinary medicine licensed by the state
to practice such in Texas.
Wildlife.
Any animal which occurs naturally in a wild state. This includes
any animal which is part wildlife.
Fees are as provided by resolution of the city council and are
on file in the office of the city secretary.
No person shall remove, alter, damage or otherwise tamper with
a trap or equipment belonging to/set out by animal control, or someone
else designated by the city.
The animal control officer or authorized representative is authorized
to destroy any injured or diseased animal, whether such animal is
on public or private property, and the recovery from such injuries
or disease is in serious doubt, and reasonable effort has been made
to locate the owner of such animal.
It shall be unlawful for any person owning or harboring an animal to permit such animal to run at large as defined under “running at large” under section
2.01.001. If the animal is at large and results in the death of the animal, fines will be doubled. The owner or harborer will be responsible for any damages. The animal control officer or peace officers are authorized to impound any animal mentioned in this chapter which is in violation of this chapter. In the event the animal is on private property or property of the animal’s owner, the animal control officer or peace officer may enter the property, other than inside a private dwelling, for the purpose of impoundment or upon issuance of a citation, or both, subject to the applicable provisions of this chapter and law.
Any unspayed female dog or cat in the state of estrus (heat)
shall be confined during such period of time in a house, building
or secure enclosure and the area for enclosure shall be so constructed
that no other dog or cat may gain access to the confined animals.
Owners who do not comply shall be ordered to immediately remove the
animal in heat to a veterinary hospital. Failure to comply with the
removal order of the animal control officer shall be a violation of
this chapter and the dog or cat will then be impounded as prescribed
in this chapter. All expenses incurred as a result of this confinement
shall be paid by the owner.