City of Kilgore, TX GENERAL PROVISIONS

When used in this chapter, the following words or terms, unless the context indicates otherwise, shall be interpreted as meaning:

Administrator.

The department of the city designated by the city manager to administer and/or enforce the provisions of this chapter, and any person or persons designated by such department to represent the department for said purposes.

Animal.

Any vertebrate creature, domesticated or wild, excluding humans.

Animal control authority.

The health department of the city for purposes of the Texas Health and Safety Code 822.001 [et seq.] and its successors and the provisions of this chapter.

Animal control officer.

A person designated by the city as the primary enforcement officer regulating animals and owners of animals and for the enforcement of state laws and regulations pertaining to the care and control of animals, or his or her designee.

Animal exhibition.

A circus, carnival, or event owning or maintaining animals for purposes of displaying or performing in exhibitions of temporary duration not to exceed thirty (30) days, where attendance of the general public is solicited, operating under a contract, lease, or special event permit, or otherwise approved by the city.

Animal shelter.

The facility designated by the city for the purpose of impounding and caring for stray, homeless, abandoned or unwanted animals, or any other animals held under authority of this chapter.

At large.

Running free or otherwise without physical or other restraint, whether on or off the premises of its owner.

Cat.

A domestic feline of either sex, including one neutered or sterilized (any Felis catus according to Texas Administrative Code 169.22 and its successors).

Circus or carnival.

A commercial variety show featuring animal acts for public entertainment that is licensed under the federal Animal Welfare Act or licensed by the state board of health according to provisions of chapter 822 of the Texas Health and Safety Code and its successors.

Dangerous wild animals or reptiles.

An animal not normally considered domesticated, that is wild by nature. Dangerous wild animals or reptiles shall include but are not limited to the following:

Alligators.

Bats.

Bears.

Bobcats.

Camels.

Cheetahs.

Coyotes.

Crocodiles.

Foxes.

Hyenas.

Jackals.

Jaguars.

Leopards.

Lions.

Lynx.

Monkeys and non-human primates.

Mountain lions.

Ocelots.

Panthers.

Raccoons.

Skunks.

Tigers.

Venomous snakes.

Wildcats.

Wolves.

Hybrids of the above-listed animals.

Dog.

Any Canis familiaris, excluding a wolf, jackal, fox or other dangerous wild animal of this family or any hybrids of a dangerous wild animal.

Domestic fowl.

Any fowl normally adapted to live in intimate association with humans or for the advantage of humans.

Domesticated cat.

A cat that is socialized to humans and is appropriate as a companion for humans.

Ear tipping.

A straight-line cutting of the tip of the left or right ear of a cat while the cat is anesthetized.

Feral cat.

A cat that is born in the wild or is the offspring of an owned or feral cat and is not socialized or is a formerly owned cat that has been abandoned and is no longer socialized.

Feral cat caretaker.

Any person other than an owner who provides food, water or shelter to, or otherwise cares for, a feral cat or multiple feral cats.

Feral cat colony.

A group of cats that congregate, more or less, together as a unit. Although not every cat in a feral cat colony may be feral, any nonferal cats that congregate with a colony shall be deemed to be part of it.

Feral cat colony caretaker.

Any feral cat caretaker who is approved by the department to care for a feral cat colony and who resides in the city.

Feral cat colony sponsor.

Any person or organization approved by the department to conduct the activities associated with the TNR program as described in this chapter.

Fowl.

Any heavy-bodied terrestrial bird of the order Galliformes, including but not limited to chickens, ducks, geese, pheasants, turkeys, grouse, guineas, or other common domestic fowl, but not including caged birds kept inside a building.

Harboring.

The act of keeping or caring for an animal, including, but not limited to, the providing of food, shelter, or medical attention for the animal.

High-risk animal.

Those animals which have a high risk of transmitting rabies; this includes skunks, raccoons, coyotes, bats and species of foxes indigenous to North America.

Kennel.

An establishment designed or used for the commercial boarding, selling, breeding, or training of animals; occasional sales of registered animals kept primarily as pets or show animals and not primarily for breeding purposes shall not constitute commercial activity for purposes of this definition.

Livestock.

Any horse, swine, cattle, sheep, goat, mule, jack, emu, fowl, ostrich or rhea.

Low-risk animal.

Those with a low probability of transmitting rabies; they include all animals of the orders Marsupialia (opossums, etc.), Insectivora (shrews, moles, etc.), Rodentia (mice, rats, hamsters, guinea pigs, etc.), Lagomorpha (rabbits, hares, etc.), and Xenarthra (armadillos, anteaters, etc.).

Owner.

Any person, corporation, partnership, trust or association or other entity owning, keeping, or harboring an animal or who has possession or control or who has the responsibility to control an animal, other than a person who temporarily restrains an animal pursuant to this chapter. Any person that feeds a stray animal more than two (2) times or allows a stray animal to remain about his premises for a period of three (3) days.

Pet animal.

Dogs, cats, rabbits, rodents, birds, nonpoisonous reptiles and any other species of animal which is sold or retained as a household pet, but shall not include any species of wild, exotic or carnivorous animal that may be prohibited elsewhere in this chapter.

Pet shop.

An establishment where pet animals are kept for either retail or wholesale sale or trade by any person.

Poultry.

All domesticated fowl that are kept in captivity.

Quarantine.

Strict confinement under restraint by closed cage or on the premises of the owner in any other manner approved by the local rabies control authority or designee or at a facility approved by the local rabies control authority or designee.

Rabies.

A preventable, acute viral disease of humans and animals that affects the central nervous system causing encephalopathy and ultimately death, usually transmitted by the bite of an infected animal.

Rabies vaccination.

The vaccination of a dog, cat, or other domestic animal with a rabies vaccine approved by the United States Department of Agriculture and administered by a veterinarian licensed by the state.

Restraint.

Controlled by a leash, at “heel” beside a competent person and obedient to that person’s commands, on or within a vehicle being driven or parked on the street, or in an enclosure on the premises of the owner or harborer.

Shelter.

Protection from the elements, including heat, cold, rain, ice, or snow, by means of walls and a solid overhead covering such as a doghouse or shed. A tree does not constitute proper shelter.

Stray animal.

Roaming or at large with no physical restraint.

TNR.

Trap, neuter and return.

TNR program.

A program pursuant to which feral and stray cats are trapped, neutered or spayed, vaccinated against rabies, ear tipped, and returned to the location where they congregate, in accordance with this chapter.

Wild animal.

Any reptile or mammal native to North America except the domestic species (dog, cat, horse, cow, sheep, goat).

Wildlife.

Any animal that occurs naturally in a wild state. This includes wildlife hybrids.

(1987 Code, sec. 4-1; Ordinance 1697 adopted 2/12/17; Ordinance 1728 adopted 1/8/19)