For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
Adult.An animal over the age of six months.
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.Any person(s) designated by the town council, through written agreement or otherwise, to enforce the provisions of this chapter, and who is authorized to receive reports of animal bites, investigate bite reports, administer euthanasia, ensure quarantine of suspect rabid animals, and otherwise carry out provisions of the ordinances of the town and the laws of the state that relate to animals, including, without limitation, rabies control and eradication.
Animal premises.An area of a residential or agricultural property, including pens, corrals, and pastures, for the primary use of animals.
Assistance animal or therapy animal.An animal that is specially trained or equipped to help a human being with a disability when:
(1) The person with the disability has satisfactorily completed a specific course of training in the use of the animal; and
(2) Where the animal has been trained by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide animals with training of this type.
At large or running at large.An animal that is not confined to the premises of its owner by a building, wall or fence of sufficient strength or construction to restrain said animal is “at large.” An animal that is not on the premises of its owner, or held in the hands of the owner or keeper, or held by means of a leash or chain of proper strength and length to control the actions of the animal, or while such animal is confined in a vehicle or cage, said animal shall be deemed “running at large.” The exception to this definition of at large and running at large is the domestic house cat.
Cat.Any domesticated member of the feline family.
Commercial kennel.Any lot, building, structure, enclosure or premises where six (6) or more dogs or cats six (6) months of age or over are kept or maintained for direct or indirect sale or exchange; or where commercial boarding, breeding, grooming or training is conducted.
Cow.Any bovine animal, including but not limited to cows, bulls, steers, yearlings, and calves, regardless of age, breed or sex.
Dangerous animal.Any animal which without reasonable provocation habitually attacks other animals, or has without provocation bitten or physically attacked a human being or has behaved in such a manner that the owner thereof knows or should reasonably know that the animal is possessed of tendencies to attack or bite, but does not include an animal which bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented, tortured or exhibited cruelty to such animal. This definition also includes any animal defined as a “dangerous wild animal” “prohibited animal,” or “dangerous dog” by this chapter.
Dangerous dog.The provisions of Texas Health and Safety Code chapter 822, subchapter D, as amended, entitled “Dangerous Dogs,” are adopted by the town and incorporated within this chapter. The provisions of subchapter D include the following:
(1) “Dangerous dog” means 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.
(2) “Secure enclosure” means a fenced area or structure that is:
(B) Capable of preventing the entry of the general public, including children;
(C) Capable of preventing the escape or release of a dog;
(D) Clearly marked as containing a dangerous dog; and
(E) In conformance with the requirements for enclosures established by the local animal control authority.
(3) “Owner” means a person who owns or has custody or control of the dog.
Dangerous wild animal.The town adopts title 10, Health and Safety of Animals, chapter 822, Regulation of Animals, subchapter E, Dangerous Wild Animals, of the Texas Health and Safety Code. Dangerous wild animals shall be considered vicious animals. “Dangerous wild animals” include but are not limited to:
(20) Any hybrid of an animal listed in this definition.
Dog.Any domesticated member of the canine family.
Domesticated animal.An animal that has been tamed by generations of breeding to live in close association with human beings as a pet, work animal or food source.
Euthanize.The humane destruction of an animal accomplished by a method that produces rapid unconsciousness and subsequent death without evidence of pain or distress, or a method that utilizes anesthesia produced by an agent that causes painless loss of consciousness and subsequent death.
Fowl.Any species of feathered animals which are normally kept or used on a farm, a ranch, or similar setting for agricultural purposes. The following and similar species shall be considered to be fowl: chickens, game hens, guineas, peafowl, turkeys, pheasant, quail, geese, ducks, swans or other similar feathered animals regardless of age, breed or sex.
Goat.Any caprine animal, regardless of age, breed or sex.
Harbor.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.
Horse.Any member of the equine family, including but not limited to horses, mules, ponies and donkeys, regardless of age, breed or sex.
Impoundment.The seizing, taking, collecting, confining, or capturing of an animal.
Livestock.Common farm animals such as but not limited to: horses, mules, donkeys, cattle, goats, sheep, llamas, alpacas, and swine, regardless of age, breed or sex. And not including potbelly pig or pot-bellied pig as below in “Potbelly pig or pot-bellied pig.”
Owner.A person who owns or has custody or control of the animal.
Pen or corral.An enclosure in which livestock is kept. This shall not be interpreted to include a grazing area.
Pet.Any animal that has commonly been kept as a pet in family households in the U.S. for pleasure rather than utility, such as dogs, cats, guinea pigs, rabbits, and hamsters.
Pig.All swine animals, regardless of age, breed or sex.
Premises.A developed residentially zoned lot or a parcel of land owned, leased or controlled by the same person, persons or entity.
Prohibited animal.An animal normally found in a wild state and not normally considered domesticated (with the exception of assistance or therapy animals), including but not limited to the following:
(1) Any animal defined as a wild animal or dangerous wild animal in this chapter.
(2) All venomous reptiles such as poisonous snakes, gila monsters and beaded lizards.
(3) All constrictor snakes such as pythons, boa constrictors and anacondas.
(4) All crocodilians or alligators.
(5) Any animal that is listed as protected, threatened or endangered by the state, the U.S. Endangered Species Act and/or the U.S. Migratory Bird Treaty Act of 1918, as amended.
Rabbit.All members of the leporine family, regardless of age, breed or sex.
Sanitary.Any condition of good order and cleanliness which precludes the probability of disease transmission.
Sheep.All ovine animals, regardless of age, breed or sex.
Stray animal.Any animal found roaming with no physical restraint beyond the premises of an animal’s owner or keeper.
Vaccination.An injection of a vaccine approved by the U.S. Department of Agriculture, Bureau of Animal Industry, and administered to produce or artificially increase immunity to a particular disease.
Vaccination certificate.An official vaccination certificate issued by the vaccinating veterinarian, containing certain standard information as follows:
(1) Owner’s name, address and telephone number;
(2) Animal identification. Species, sex, age (3 months to 1 year; 1 year or older), size (lbs.), predominant breed, and colors;
(3) Vaccine used, producer, expiration date and serial number;
(5) Rabies tag number, in the case of a rabies vaccination; and
(6) Veterinarian’s signature and license number.
Wild animal.An animal that is normally found in a wild state, and not normally considered domesticated.
Wild state.An animal living in its original natural condition; not domesticated.
(Ordinance 273-11-14, sec. II, adopted 11/3/14)