The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandon.
To desert or leave without care.
Animal.
Every nonhuman species of animal, both domestic and wild.
Animal at large.
Any domestic animal (excluding sterilized cats) not under restraint, both on and off the premises of the owner.
Animal control officer.
Any person designated by the city to enforce this chapter and the laws of the state.
Bird or fowl (domestic).
Any domestic bird, fowl, or poultry including but not limited to: parakeet, parrot, cockatoo, canary, duck, turkey, goose, and chicken.
Bite.
Puncturing or tearing of the skin by an animal’s teeth.
Cat.
Any domestic feline animal (felis domesticus).
City.
The City of Bulverde, in Comal County, Texas.
Commercial animal establishment.
Any animal business, including but not limited to any pet shop, grooming shop, dog obedience training center, animal auction, riding school or stable, performing animal exhibition, or boarding or breeding kennel, or cattery.
Dangerous animal.
Any animal that constitutes a physical threat to human beings or other animals.
Dog.
Any domestic canine animal (canis familiaris).
Domestic animal.
Any animal not considered wild, and also means caged birds, amphibians, fish, reptiles (other than poisonous or dangerous reptiles), small caged rodents and the common ferret (P. furus). All dogs and cats are considered domestic animals.
Feral.
Having escaped from domestication and reverted to a wild state.
Licensed veterinarian.
A veterinarian licensed to practice veterinary medicine in one or more states of the United States.
Livestock.
Any domestic animal normally used or raised on a farm, including but not limited to: horses, ponies, mules, donkeys, cattle, goats, rabbits, sheep, and swine, regardless of age, sex, breed, or size.
Local rabies control authority or certified animal control officer.
The individual or agency designated by the city and assigned all duties required under the Rabies Control Act of 1981 (V.T.C.A., Health and Safety Code section 826.001 et seq.).
Owner.
Any person owning, keeping, harboring or having charge or control of one or more domestic animals.
Person.
An individual and/or any legal entity such as a corporation, general or limited partnership, limited liability company, etc.
Pet or companion animal.
Any animal, excluding livestock kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on humans for food and shelter.
Provocation.
Any act that causes an animal to bite, scratch, or attack in protection of self, owner, or owner’s premises. Entrance, in any manner or for any reason, into an area where an animal is properly under restraint in compliance with this chapter is considered provocation.
Quarantine.
Strict confinement for the purpose of observation or preventing the spread of disease, under restraint by closed cage, isolation, kennel, rabies chamber, paddock, or in any other manner approved by the local rabies control authority. Home quarantine may be allowed if the following criteria are met:
(1) 
A secure enclosure approved by the local rabies control authority must be used to prevent escape.
(2) 
The animal has been vaccinated against rabies and the time elapsed since the most recent vaccination has not exceeded the manufacturer recommendations for the vaccine. If an unvaccinated animal is not over 16 weeks of age at the time of the potential exposure, it may be allowed home confinement.
(3) 
The local rabies control authority or a veterinarian must observe the animal at least on the first and last days of the home confinement.
(4) 
The animal was not a stray as defined in the Texas Health and Safety Code, section 826.002, at the time of the potential exposure.
Rabies.
Acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite.
Restraint.
An animal that is secured by a leash or lead under the control of a physically capable person, or obedient to that person’s commands. At all other times, restraint means that an animal is effectively confined to the premises of the animal’s owner.
Scratch.
A scrape left by the claws or nails of an animal and of sufficient severity to break the skin and draw blood.
Sick or injured animal.
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.
Stray.
A domestic animal at large.
Vaccinated.
Properly injected with a rabies vaccine licensed for use in the subject species by the United States Department of Agriculture and administered by or under the direct supervision of a licensed veterinarian.
Veterinary hospital.
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
Wild animal.
Any animal except the common domestic species regardless of the state or duration of captivity.
(Ordinance 276-08-08-26, art. I, adopted 8/26/08)
(a) 
Any person who is convicted of violating or failing to comply with any provision of this chapter shall, upon conviction, be liable for a fine of not less than $1.00 and not more than $2,000.00, unless the minimum fine set forth in subsection (c) below applies. Each and every day’s violation may constitute a separate and distinct offense.
(b) 
Subsequent convictions for a violation of the same section of this chapter within a 12-month period may double the minimum applicable fine listed in subsection (c) of this section, up to and including the maximum allowed by law.
(c) 
Upon conviction of the specific violation listed, the fine imposed may be as follows:
(1) 
No rabies vaccination: $125.00.
(2) 
Animal at large or stray:
(A) 
Unsterilized dog or cat: $125.00 to $500.00.
(B) 
Sterilized dog: $75.00 to $500.00.
(C) 
Any other animal: $75.00 to $500.00.
(3) 
Unrestrained and/or non-muzzled dangerous animal: $200.00 to $500.00.
(4) 
Unrestrained female dog or cat in heat: $125.00 to $500.00.
(5) 
Failure to surrender animal for rabies quarantine: $200.00 to $500.00.
(6) 
Public nuisance: $1.00 to $2,000.00.
(d) 
In addition to the foregoing fines for violation of this chapter, all animals impounded for a third violation of the animal at large requirements of this chapter may be subject to sterilization and/or micro-chipping as a condition of return to the owner and at the owner’s expense.
(Ordinance 276-08-08-26, art. I, adopted 8/26/08)
The animal control facility shall be any facility, shelter, or establishment meeting the state minimum standards for impoundment, which the city operates, designates, or contracts with for the purpose of impounding and caring for dogs, cats, and other animals.
(Ordinance 276-08-08-26, art. I, adopted 8/26/08)
It shall be unlawful for any person to operate a commercial animal establishment required to be licensed in accordance with state law, unless the establishment is located in a suitably zoned commercial zone. It is provided, however, that the city may issue temporary permits for school, church, charity, or other public activities, not to supersede section 2.02.001(c) prohibiting the giving away of animals. All cages, pens, and enclosures shall be clean and sanitary to prevent disease transmission and all animals shall be treated with humane care. Premises shall be subject to inspection by the animal control officer or an authorized veterinarian.
(Ordinance 276-08-08-26, art. I, adopted 8/26/08)
(a) 
All owners shall keep their animals (excluding sterilized cats) under restraint and not allow them to stray or run at large. This section shall not be construed as to prohibit trained dogs that are a part of a canine unit operated by a law enforcement agency from being unrestrained while in the performance of their law enforcement and public safety functions within the city.
(b) 
Sterilized cats are not required to wear a collar, be on a leash or under restraint. However, a free-roaming cat is subject to the nuisance provisions of this chapter.
(c) 
It shall be unlawful for any owner to fail, refuse, or neglect to exercise proper care and control of the owner’s animal to prevent the animal from becoming a public nuisance.
(Ordinance 276-08-08-26, art. III, adopted 8/26/08)
All owners shall confine their female dogs or cats in estrus (heat) during the entire estrus period in a house, building, or secure pen so that no male dog or cat may gain unplanned access to the confined animal.
(Ordinance 276-08-08-26, art. III, adopted 8/26/08)
(a) 
Any animal at large in violation of this chapter may be impounded at the city animal control facility and confined in a humane manner.
(b) 
The animal control officer shall have the right, when immediately necessary, to pursue and apprehend stray animals or animals at large on private property without first requesting permission from the owner of the property before entering that property and without obtaining a search warrant. Private property shall not include residential buildings or storage buildings.
(c) 
When a dog, unsterilized cat, or other animal is found at large and its ownership is verified, the animal control officer may exercise the option of citing the owner for a violation of this chapter without impounding the animal. The city shall establish a prima facie case by proving the ownership of the animal and that it was running at large.
(Ordinance 276-08-08-26, art. III, adopted 8/26/08)
The civil and criminal provisions of this chapter shall be enforced by the animal control officer and such other persons or agencies designated by the city. It shall be unlawful for any person to interfere with an animal control officer in the performance of his/her duties.
(Ordinance 276-08-08-26, art. III, adopted 8/26/08)
If an injured, diseased, dangerous or suffering animal found at large cannot be safely or humanely taken up and impounded, the animal may (if deemed necessary) be destroyed by any authorized police officer or animal control officer.
(Ordinance 276-08-08-26, art. III, adopted 8/26/08)
(a) 
It shall be unlawful for any person to sell, trade, barter, lease, rent, give away, or display for a commercial purpose a live animal on a roadside, public right-of-way or commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale, or similar event.
(b) 
This section does not apply to an event primarily for the sale of agricultural livestock such as hoofed animals or animals commonly raised for food, dairy, or fiber products; or to an I.R.C. 501(c)3 animal shelter or rescue group.
(Ordinance 276-08-08-26, art. IV, adopted 8/26/08)