(a)
Words in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular.
(b) Animal. Animal control authority. Animal control facility. At-large.(1) (2) (3) Bodily injury. Cat. Dangerous dog.(1) (2) Dog. Domestic animal. Guard dog. Harboring. Immediate effective control. Inhumane treatment of animals. Invisible/electronic fence. Livestock. Owner. Restraint.(1) (2) (3) (4) (A) (B) Stray. Vaccinated. Vicious animal.
In the interpretation of this chapter, the following words, terms, phrases, and derivations shall be used and interpreted as defined hereinafter unless the context clearly indicates or requires a different meaning:
Any living creature, except human beings, classified as a member of the animal kingdom, including, but not limited to, mammals, birds, fish, and reptiles.
The person or persons designated by the town council or other authorized representatives, including but not limited to police officers of the town, to represent and act for the town in the impoundment of animals and controlling of stray animals and to receive and investigate animal bite reports, insure proper quarantine of possible rabid animals and otherwise carry out provisions required by this chapter in the control and eradication of rabies.
An establishment operated and controlled or contracted by the town for the temporary confinement, safekeeping, and control of animals which come into custody of the town.
Any animal not kept under restraint or under the immediate effective control of the owner on the owner’s premises;
On premises.
Any animal that is not confined inside the owner’s house or to the premises of the owner by a suitable building, cage, wall or fence of such sufficiency to prevent the animal from escaping therefrom, or secured on such premises by means of an invisible/electronic fence, or by a leash of sufficient strength to prevent the dog from escaping from the premises and so arranged that the dog will remain upon the premises when the leash is stretched to full length in any direction and is in accordance with the Texas State Health and Safety Code chapter 821, subchapter D; and
Off premises.
Any animal, with the exception of cats, that is not restrained by means of being physically held and controlled by some person or by means of a standard leash or retractable leash of no longer than sixteen feet (16') and of sufficient strength and length to immediately control the actions of such animal.
Physical pain, illness or any impairment of physical condition.
Any live or dead cat (Felis catus).
Any 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 animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or
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.
Any live or dead dog, a domesticated animal that is a member of the canine family (Canis familiaris).
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 guarantee observation period.
A dog trained and used by law enforcement or security personnel or in protective functions where the dog is responsive to control by its owner or handler and used only for protective functions.
The act of keeping and caring for animals or of providing premises to which the animal returns for food, shelter, or care for a period of at least ten (10) days.
When such animal responds to the voice command of the person immediately upon issuance of said command, and is, at all times, within the visible presence of said person. It shall be prima facie evidence for purposes of this article that the animal is at-large when the animal is not in the visible presence of the owner or fails to respond immediately to a verbal command.
The use of technology utilizing radio signal transmitters, receiver collars and boundary wires to effectively restrain an animal to a premises.
Any horses, mules, donkeys, cattle, goats, sheep, or swine, regardless of age, sex, or breed.
Any person, partnership, corporation or association that harbors, shelters, keeps, controls, manages, possesses, has custody or has whole or part interest in any animal. The occupant, owner or head of a household of any premises where an animal remains for seventy-two (72) hours or more shall be presumed to be the owner of such animal for the purpose of this article.
An animal is under restraint under the following conditions:
The animal is securely enclosed or confined to a person’s property by a physical fence or enclosure of sufficient strength, height, construction, and design as to prevent an animal from escaping from the area and in a manner that will isolate the animal from the public;
The animal is secured by a standard leash or retractable leash no more than sixteen feet (16') in length and of sufficient strength to immediately control the animal;
The animal is secured by a leash no longer than six feet (6') when in any public park or recreational area including walking trails; or
The animal is controlled and restrained by an invisible or electronic fence which effectively and reliably prevents the animal from escaping from the premises.
Any animal that has prior history of biting a person, other than the owner, or attacking other animals will not be allowed to use an invisible/electronic fence as the sole means of restraint or confinement.
Any owner or person that uses an invisible or electronic fence whose animal has escaped the premises two (2) or more times will no longer be permitted to use the invisible/electronic fence as a means of restraint due to lack of effectiveness and reliability.
An animal that is improperly restrained and who wanders upon a public place, street, road, or the property of another person and for which there is no identifiable owner or harborer.
The proper inoculation of an animal with rabies vaccine licensed by the United States Department of Agriculture for use in that species of animal, and which is administered by a veterinarian licensed to practice in the state for the purpose of immunizing the animal against rabies.
Any individual animal or species, except a dog, that, without provocation, has attacked or bitten any person or other animal, or individual animal which the animal control authority has reason to believe has a dangerous disposition and is likely to be harmful to humans or other animals.
(2001 Code, sec. 2.101; Ordinance 08-261, sec. 2, adopted 11/10/08; Ordinance 16-011, sec. 2, adopted 10/10/16)