As used in this chapter, the following terms are defined below:
Leaving an animal in the person’s custody without making
reasonable arrangements for assumption of custody by another person.
A domesticated living creature and wild living creature previously
captured. “Animal” does not include an uncaptured wild
creature or wild creature whose capture was accomplished by conduct
at issue under this section.
A cat or dog:
On the premises of the owner and not (A) held by a person, (B)
on a secured leash or physical restraint or (C) within an enclosure
or fence of sufficient height and condition to restrain such animal;
or
Off the premises of the owner, and not on a leash or physical
restraint under the immediate control of a person physically capable
of restraining the animal.
The animal control division of the city police department.
A person designated by the city to perform duties under and
enforce the laws under this chapter.
A facility that keeps or legally impounds stray, homeless,
abandoned, or unwanted animals.
A place or facility where animals are regularly brought,
sold, traded, except for those facilities otherwise defined in this
chapter. This section does not apply to individual sales of animals
by owner.
A wound that is inflicted by an animal’s bite or scratch
that causes punctures, tears, scratches or laceration that results
in a break of the skin.
Physical pain, illness or any impairment of physical condition.
A mark made on the skin of any animal which indicates the
ownership of the animal; typically used with livestock.
Cat as defined in V.T.C.A., Health and Safety Code, section
826.002(3), as amended.
A commercial variety show featuring animal acts for the public
entertainment.
Any pet shop or store, grooming shop, guard dog or obedience
training center, animal training services, animal auction, ridding
school or stable, zoological park, circus, performing animal exhibition,
or boarding or breeding kennel, petting zoos, aviaries or any similar
entrepreneurial relationship regarding animals.
Kept in a fenced yard or pen with no roof which is sufficiently
to prevent escape; or, kept in a pen or other coop or enclosure with
a roof sufficient to prevent escape.
A manner that causes or permits unjustified or unwarranted
pain or suffering.
Vaccinated in a manner that satisfies the requirements of
state law.
Responsibility for the health, safety, and welfare of an
animal subject to the person’s care and control, regardless
of ownership of the animal.
Dangerous dog as defined in V.T.C.A., Health and Safety Code,
section 822.041(2), as amended.
Dangerous wild animal as defined in V.T.C.A., Health and
Safety Code, section 822.101(4), as amended.
Dog as defined in V.T.C.A., Health and Safety Code, section
826.002(6), as amended.
Any animal which is not prohibited, and commonly kept as
a pet at the owner’s residence; includes livestock, caged or
penned fowl, pigeons, normal household pets, such as but not limited
to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils,
rabbits.
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.
Estray as defined in V.T.C.A., Agriculture Code, section
142.001(1), as amended.
Exotic livestock as defined in V.T.C.A., Agriculture Code,
section 142.001(4), as amended, or exotic fowl as defined in V.T.C.A.,
Agriculture Code, section 142.001(5).
An animal that is free, wild, untamed or unaccustomed to
human contact.
Any bird, wild or domesticated, such as but not limited to
chickens, turkeys, ducks, geese, peacocks, pheasants, quail, or other
fowl regardless of age or sex, except common household pets such as
parakeets, parrots and etc.
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
Any dog professionally trained for the purpose of protecting
persons or property by attacking or threatening to attack any person
found within the area patrolled by the dog.
Owner who has received two or more final convictions of this
article or the owner of an animal who has been the subject of impoundment
in the animal shelter three or more times during a 12-month period
or any combination of convictions and impoundment totaling three incidents.
The act of keeping and caring for an animal or providing
a premises to which the animal returns for food, shelter or care for
a period of three days.
Any female chicken of the age of six (6) months or older.
An animal owner who quarantines an animal at their personal
residence with an animal control officer’s permission and with
compliance to set guidelines and requirements established by the animal
control department.
To house an animal by the city, at the owner’s expense,
in a city-owned or city-designated facility or at the office of an
area veterinarian approved by the director.
To prevent a process or activity from being carried out properly;
or obstruct the other’s action or; hamper or hinder another’s
action or; take part in the affairs of others; or to meddle in another’s
life.
Any shelter where more than three dogs or more than three
cats, or more than three dogs, bred, boarded, or held in return for
payment. It includes the term “boarding kennel” or cattery.
A licensed veterinarian as defined in V.T.C.A., Health and
Safety Code, section 826.002(8), as amended.
Livestock as defined in V.T.C.A., Penal Code, section 42.09(b)(5),
as amended.
The city mayor or his/her designee.
A passive electronic device that is injected into an animal
by means of a hypodermic-type syringe device.
An electronic scanner with an operating frequency that is
able to detect a microchip that has been implanted in an animal, and
display the number of the microchip to its operator.
Livestock that meet the published breed definition for registration
by a nationally recognized breeding association.
A person who keeps or harbors more than five cats or dogs
or any combination of five cats and dogs. Puppies and kittens under
three months of age shall not be counted for purposes of this definition.
A device constructed of strong, soft material or of metal,
designed to fasten over the mouth of an animal to prevent the animal
from biting any person or other animal.
Nonprofit association as defined in V.T.C.A., Business Organization
Code, section 252.001 as amended.
A period of time in compliance with 25 TAC section 169.27,
as amended.
Any person or persons, firm, association or corporation,
having temporary or permanent custody of, sheltering or having charge
of, care of, harboring, exercising control over, or having property
rights to, or who knowingly allows an animal to remain on the person’s
property. An animal shall be deemed to be harbored if it is fed or
sheltered for three (3) or more consecutive days.
A voluntary surrender of animal(s) to animal control or the
contracted shelter.
Any spectacle, display, act, or event (other than circuses)
in which performing animals are used. This shall include animal amusement
venders, such as but not limited to, pony-go-round rides, commercial
horseback pictures, etc.
An individual, corporation, or association.
Any person, partnership, or corporation, whether operated
separately or in a connection with another business enterprise (except
for licensed kennels and veterinarian facilities), that buys, sells,
or boards any species of animal.
A substance having an inherent harmful property which renders
it, when taken into the system, capable of destroying animal life.
Police service animal as defined in V.T.C.A., Health Resources
Code, section 121.002(1) as amended.
Receipt of a bite, scratch, or potential contact from any
warm blooded animal, animal to human, or animal to animal.
The grounds and all buildings, vehicles, and appurtenances
pertaining to the grounds, including any adjacent premises if they
are directly or indirectly under the control of the same person.
Documentation from a veterinarian licensed to practice in
the state that the animal has been vaccinated with a rabies vaccine
licensed for use in that species by the United State Department of
Agriculture and/or the Texas Department of Health.
A house or a building, or in the case of a fence or structure/pen
must be suitable to prevent entry of person and must be locked and
secured such that an animal cannot climb, dig, jump or otherwise escape
of its own volition.
Any purposeful act that causes an animal to bite, scratch,
or attack in protection of self or food, kennel, or nursing offspring,
owner, or owner’s premises. Entrance, in any manner, into an
area where an animal is properly under restraint in compliance with
city ordinances would be considered provocation, irrespective of the
reason for such entrance unless performing a service to the owner’s
property’ with consent (call for service).
Any animal that unreasonably annoys humans, endangers the
life or health of persons or other animals, or substantially interferes
with the rights of persons, other than its owner(s), to enjoyment
of life or property.
Strict confinement of an animal specified in an order of
the board or its designee:
A period used for observation of a domestic or pet animal
to determine the health status of that animal in relation to the rabies
virus.
The acute viral disease of man and animal affecting the central
nervous system and usually transmitted by an animal bite or scratch.
Any animal secured by a leash, lead, chain or tether and
under the direct physical control of a responsible person. At all
other times, a dog or other animal shall be confined to the realty
or premises of the owner.
Any place that has available for hire, boarding, and/or riding
instruction, any horse, pony, donkey, mule, or burro; or any place
that regularly buys, sells, or trains the above animal, including
a racetrack, trotting track, or rodeo.
Any male chicken of the age of six (6) months or older.
A scrape left by the claws or teeth of an animal that causes
a break in the skin.
Serious bodily injury as defined in V.T.C.A., Health and
Safety Code, section 822.001(2), as amended.
Service animal as defined in V.T.C.A., Health Resources Code,
section 121.002(1) as amended.
Any animal that appears to be suffering from an infectious,
contagious, or communicable disease; or that is showing evidence of
a physical injury, physical disorder, or traumatic injury; or that
has an elevated temperature, depressed heart rate, or inability to
ambulate.
An animal less than 5 pounds and kept domestically, including
a rabbit, guinea pig, rat, mouse, hamster, or gerbil.
Roaming with no physical restraint beyond the premises of
an animal’s owner or keeper.
Reasonable shelter with a roof and three (3) solid sides
that is capable of protecting the animal from the elements and shall
be situated so there is a buffer area between it and neighboring property
with sufficient access to allow the sufficient shelter to be effectively
cleaned and which sufficient shelter shall be kept cleaned and not
create an unsightly structure.
A metal/plastic tag attached to a collar as required by this
chapter or some other permanent identifying device attached to a collar
or to an animal.
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.
Using a chain, rope, tether, leash, cable, or other device
to attach a dog to a stationary object or trolley system.
A dog attacks or attempts to inflict bodily injury on a person
when the dog was not hit, kicked, or struck by the person with an
object or a part of the person’s body nor was any part of the
dog’s body pulled, pinched, or squeezed by the person, nor was
the dog taunted or teased by the person.
Properly injecting 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 in
an amount sufficient to provide immunity.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis, and treatment of diseases and injuries of
animals.
An animal, other than a dog, that makes an unprovoked attack
upon a person or other animal resulting in serious bodily injury to
such person or animal.
Any animal except the common domestic species (including,
but not limited to, dogs, cats, horses, cattle, swine, sheep, and
goats), regardless of the state or duration of captivity.
A species, including each individual of a species that normally
lives in a state of nature and is not ordinarily domesticated. This
shall apply regardless of state or duration of captivity. The term
shall include but is not limited to: foxes, cougars, coyotes, raccoons,
and all forms of poisonous or constricting reptiles, and other like
animals.
Any facility operated by a person, partnership, corporation,
or government agency, other than a pet shop or kennel, displaying
or exhibiting one or more species of no domesticated animals.
(Ordinance 2013-16 adopted 7/2/13; Ordinance 2019-25, secs. 3–5, adopted 12/3/19)
(a)
Unless
otherwise specifically provided in this chapter, the following persons
shall be deemed guilty of a misdemeanor:
(1)
Any person who shall violate any of the provisions of this chapter
or who shall fail to comply with any of the provisions of this chapter;
(2)
The owner, keeper or person in possession of an animal associated
with a violation of this chapter;
(3)
Any employee or agent employed or engaged by the owner, keeper or
person in possession of an animal associated with a violation of this
chapter and who caused or assisted in the commission of such violation;
and
(4)
The owner, lessee, tenant or person in charge of the premises or
part thereof where a violation of this chapter shall occur and who
caused or assisted in the commission of such violation.
(b)
Except as provided in subsection (d) below, violations of this chapter do not require, as an element of the offense, proof of a culpable mental state.
(c)
Unless
otherwise specifically provided in this chapter, any person convicted
of a violation of this chapter shall be punished by a fine of not
less than one dollar ($1.00) nor more than five hundred dollars ($500.00).
(d)
Any
particular violation of this chapter punishable by a fine in excess
of $500.00 requires, as an element of the offense, proof that the
person who committed the violation acted with criminal negligence.
Proof of a higher degree of culpability than criminal negligence constitutes
proof of criminal negligence.
(e)
Each
day that a violation occurs is a separate offense.
(Ordinance 2019-25, sec. 6, adopted 12/3/19)
