For purposes of this chapter, the terms and words stated below
are defined as stated in this section. In this chapter, words in the
present tense include the future, words in the singular number include
the plural, words in the plural number include the singular, and the
word “shall” is mandatory.
Animal bite.
An animal bite is a wound, usually lacerations, caused by
the teeth penetrating and resulting in a break in the skin or otherwise
causing bodily injury.
Cat.
A domesticated animal of the feline family, specifically
Felis catus.
Dangerous dog.
A dog that:
(1)
Makes an unprovoked attack on a person that causes bodily injury
and that 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
(2)
Commits unprovoked acts in a place other than an enclosure in
which the dog was being kept and that was 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.
Dog.
A domesticated animal that is a member of the canine family,
specifically Canis familiaris.
Feral animal.
Any animal that is undomesticated, wild, homeless, untamed,
or otherwise unaccustomed to human interaction.
Fowl.
Any bird, wild or domesticated, such as but not limited to
chickens, ducks, geese, peacocks, pheasants, quail, turkey, or other
birds, except common household pets such as parakeets, parrots, etc.
Harboring.
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 72 hours.
Impounded.
Taken into custody and placed into an animal control facility.
Kennel.
Any shelter where dogs or cats are bred, boarded, or held
in return for payment.
Livestock.
Any cattle, horses, stallions, mares, geldings, fillies,
colts, mules, jacks, jennets, asses, burros, sheep, goats, swine,
other penned animals, chicken, or any other fowl, including any miniature
forms of any of these animals.
Local rabies control officer.
The person or entity designated by the city to receive reports
of animal bites, investigate such reports, and ensure quarantine of
suspected rabid animals.
Nuisance animal.
Any animal for which the animal control officer has received
three reports for any of the following:
(2)
Causing a disturbance due to excessive noise;
(4)
Causes a disturbance by causing a person to be in fear of the
animal.
Owner.
Any person, firm, corporation, association, partnership,
or trust who has a property right or interest in an animal or who
harbors an animal or who allows an animal to remain on a premises
for a period of 72 hours or more.
Owner quarantine.
Requires:
(1)
The animal be kept inside an enclosed structure, i.e., house
or garage, or, if kept outside, the animal must be kept behind a fence
from which it cannot escape and on a chain from which it cannot break
loose or inside a covered pen or kennel from which it cannot escape;
and
(2)
The animal must remain so contained for ten (10) days without
interruption.
Pet.
A domesticated animal including, but not limited to a cat,
dog, rabbit, rodent, bird, and any other species of animal which is
sold or retained in a household, but shall not include livestock,
fowl, a skunk, nonhuman primates, and any wild, exotic or carnivorous
animal.
Running at-large.
An animal not completely confined by a building, cage, container,
wall, leash, rope, chain, vehicle, or fence of sufficient construction
to restrain the animal, whether on or off the owner’s premises.
An animal being physically held by the owner within the limits of
the owner’s private property is not an animal running at-large.
Secure enclosure.
A fenced area or structure that is: (1) locked; (2) capable
of preventing the entry of the general public, including children;
(3) capable of preventing the escape or release of the animal to be
contained therein; (4) clearly marked as containing a dangerous animal;
and (5) has four walls, a floor, and a ceiling or roof.
Stray animal.
Any animal for which there is no identifiable owner or harborer.
Swine.
Any hog or pig, whether domestic, wild, potbelly, or other.
Vaccinated.
Properly injected with a rabies vaccine licensed for use
in that species by the United States Department of Agriculture or
the department of state health services and administered by a veterinarian
licensed to practice in the state.
Vicious animal.
An animal that makes an unprovoked attack on another animal
that causes bodily injury and that 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.
Wild animal.
Includes all species of animals which commonly exist in a
natural, unconfined state and are usually not domesticated, regardless
of the circumstances or duration of captivity, including, but not
limited to, the following:
(30)
Any poisonous reptile; and
(31)
Any hybrid of an animal listed in this definition.
(Ordinance 1136-2017 adopted 2/14/17; Ordinance 1226-2019 adopted 4/9/19)
This chapter is adopted, in part, pursuant to chapter 826, Texas
Health and Safety Code, known as the Rabies Control Act.
(Ordinance 1136-2017 adopted 2/14/17)
(a) Chief of police.
The enforcement of this chapter shall
be the responsibility of the chief of police and his designated animal
control officer. The chief of police is designated as the local rabies
control officer for the city.
(b) Citations.
Any police officer, the animal control officer,
the code enforcement officer, and the local rabies control officer
shall have authority to issue citations for violations of the provisions
of this chapter.
(c) Remedies.
When any officer enforcing this chapter is
made aware of a violation of this chapter, the officer may issue a
citation in lieu of or in addition to pursuing any other remedy or
enforcement mechanism under this chapter.
(d) Quarantine facilities.
The animal control officer has
the authority to approve or disapprove quarantine facilities.
(e) Shelter and holding facilities.
The city council shall
select a place for impounding animals under any provision of this
chapter.
(Ordinance 1136-2017 adopted 2/14/17)
Any person, firm or corporation who violates any of the provisions of this chapter or who fails to comply with any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined in a sum as provided in section
1.01.009 of this code. Each day that a violation occurs or continues constitutes a separate offense.
(Ordinance 1136-2017 adopted 2/14/17)