When used in this chapter the following words and terms, unless
the context indicates a different meaning, shall be interpreted as
follows:
Adult.
Any fowl over the age of one month.
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.
The person(s) designated by the city manager to act for the
city in the impoundment of animals, controlling of animals running
at-large, and as otherwise provided and required in this chapter.
At-Large.
An animal not under the control of a person physically capable
of restraining the animal, or an animal not controlled by a leash,
cord, or chain no more than six (6) feet in length and appropriate
for the size and weight of the animal.
Cat Kennel.
Any lot, building, structure, enclosure, or premises where
five (5) or more adult cats are kept. An adult cat is four (4) months
of age or older.
Dangerous Animal.
Any animal that is:
(1)
Defined as a “dangerous wild animal” by Texas Health &
Safety Code section 822.101, as amended;
(2)
An animal of any other species of wild or feral mammal or reptile
that by its nature or breeding is capable of inflicting serious bodily
injury to a human;
(3)
A dangerous dog, as defined herein; or
(4)
Any animal which the local animal control authority has reason
to believe has a dangerous disposition likely to be harmful to humans
or other animals.
Dangerous Dog.
(1)
A dog that:
(A)
Makes an unprovoked attack on a person that causes bodily injury
and occurs in a place other than an enclosure in which the dog was
being kept and that was reasonably certain to prevent the dog from
leaving the enclosure on its own; or
(B)
Commits unprovoked acts in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent
the dog from leaving the enclosure on its own and those acts cause
a person to reasonably believe that the dog will attack and cause
bodily injury to that person; or
(2)
Any dog that makes an unprovoked attack on a domestic animal
causing serious bodily injury or death and occurring in a place other
than an enclosure in which the dog was being kept and that was reasonably
certain to prevent the dog from leaving the enclosure on its own.
Dog.
A domesticated animal that is a member of the canine family.
Dog Kennel.
Any lot, building, structure, enclosure, or premises where
five (5) or more adult dogs are kept. An adult dog is four (4) months
of age or older.
Fowl.
A bird of any kind, domestic or wild, including, but not
limited to chickens, turkeys, geese, ducks, guineas, swans and peafowls,
except parakeets, canaries or other birds of similar size customarily
kept in cages.
Harboring.
To provide food, water or shelter for an animal for at least
three (3) days. All responsibility for harbored animal(s) shall be
incurred after this time.
Humanely Euthanized.
To cause the death of an animal by a method which:
(1)
Rapidly produces unconsciousness and death without visible evidence
of pain or distress.
(2)
Utilizes anesthesia produced by an agent which causes painless
loss of consciousness and death following such loss of consciousness.
Livestock.
Horses, mules, cows, hogs, goats, sheep and llamas of any
and all kind, and shall include both the male and female species of
such animals, but not including miniature swine.
(1)
Small livestock shall mean goats, sheep and llamas of any and
all kinds and shall include both the male and the female of such animals.
(2)
Large livestock shall mean horses, mules, cows and hogs of any
and all kinds, and shall include both the male and female species
of such animals.
Local Animal Control Authority.
The animal control supervisor who 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 state
law pertaining to control and eradication of rabies.
Owner.
Any person owning any animal, or a person who has, harbors
or keeps, or causes or permits to be harbored or kept, an animal in
such person’s care, or who permits an animal to remain on or
about his premises.
Person.
Any individual, firm, association, partnership or corporation,
or other legal entity.
Running At-Large.
Not completely confined by a building, wall or fence of sufficient
strength or construction to restrain the animal, except when such
animal is either on a leash, or held in the hands of the owner or
keeper, or under direct supervision of the owner within the limits
of the owner’s private property. An animal confined within an
automobile or other vehicle shall not be deemed running at-large.
Serious Bodily Injury.
An injury characterized by severe bite wounds or severe ripping
and tearing of muscle that would cause a reasonably prudent person
to seek medical attention or a reasonably prudent animal owner to
seek veterinary attention, regardless of whether or not treatment
is actually sought.
Stray Animal.
Any animal for which there is no identifiable owner or harborer.
Tethering.
Any leash, chain, cord, rope, or other means of restraining
an animal or the act of chaining, tying, fastening or otherwise securing
an animal to a fixed point so that it can move or range only within
certain limits.
Vaccination.
An injection of United States Department of Agriculture approved
rabies vaccine administered every twelve (12) calendar months by a
licensed veterinarian.
Veterinarian.
Any individual licensed to practice veterinary medicine.
Wild Animals.
All species of animals which commonly exist in a natural
unconfined state and are usually not domesticated. This shall apply
regardless of state or duration of captivity. Such animals shall include,
but are not limited to:
(1)
Class Reptilia:
Family Helodermatidea (venomous lizards); Family Viperidae
(rattlesnakes, copperheads, cottonmouths, other pit vipers and true
vipers); Family Elapidae (coral snakes, cobras, mambas and other elapids);
the following listed species of Family Colubridae-Dispholidus typus
(Boomslang), Hyrodynastes gigas (water cobra), Boiga (mangrove snake),
and Thelotornis (African twig snake) only; Order Phidia; and Order
Crocodilia (crocodiles, alligators, caimans and gavials);
(2)
Class Aves:
Order Falconiforms (such as hawks, eagles and vultures);
Subdivision Ratitae (such as ostriches, rheas, cassowaries and emus);
and Order Strigiforms (such as owls);
(3)
Class Mammals:
Order Carnivora, Family Felidae (such as ocelots, margays,
tigers, jaguars, leopards and cougars), except commonly accepted domesticated
cats; Family Canidae (such as wolves, wolf-dog hybrids, dingos, coyotes
and jackals), except domesticated dogs; Family Mustelidae (such as
weasels, skunks, martins, mink and badgers); Family Procyonidae (raccoon);
Family Ursidae (such as bears); Order Marsupialia (such as kangaroos
and common opossums); Order Edentata (such as sloths, anteaters and
armadillos); Order Proboscida (elephants); Order Primata (such as
monkeys, chimpanzees and gorillas); Order Rodentia (such as porcupines);
and Order Ungulata (such as antelope, deer, bison and camels).
Editor’s note–Changes made by Ordinance
1738-07, adopted July 17, 2007 shall take effect October 1, 2007.
(Ordinance 1400-01 adopted 2/6/01; Ordinance 1472-02 adopted 4/16/02; Ordinance
1738-07 adopted 7/17/07; Ordinance 2271-22 adopted 5/3/2022)
(a) Enforcement
of this chapter shall be the responsibility of the local animal control
authority, any peace officer or any animal control officer or the
regional animal shelter manager.
(b) The
local animal control authority, any peace officer or any animal control
officer shall have the authority to issue citations for any violation
of this chapter.
(c) If the
person to be cited is not present, the local animal control authority,
any peace officer or any animal control officer may send the citation
to the alleged offender by registered or certified mail.
(d) It shall
be unlawful for any person to interfere with the local animal control
authority, peace officer, or animal control officer in the performance
of his duties.
(e) The
local animal control authority, any peace officer, any animal control
officer or animal shelter employee shall have the authority to humanely
euthanize or destroy any animal in accordance with the provisions
of this chapter.
(f) The
animal control officer or any peace officer shall have the authority
to use a tranquilizer gun in the lawful discharge of his duties.
(g) For
the purpose of calculating any distance requirement of this chapter,
the width of alleys, street rights-of-way, and other public right-of-way
shall be used. The distance between an enclosure and an adjacent property
line, or building shall be measured in a straight line, without regard
to intervening structures or objects, from the nearest exterior wall
of the enclosure to the nearest property line, or building, as the
case may be.
(Ordinance 1400-01 adopted 2/6/01; Ordinance 1472-02 adopted 4/16/02)