The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandonmeans to forsake and desert an animal previously under the custody or possession of a person without making reasonable arrangement for its proper care, sustenance and shelter.
Agentmeans any peace officer acting in official capacity under the representation of his or her official duties, representing on behalf of the animal control officer.
Animalmeans any living vertebrate creature, domestic or wild, other than Homo sapiens, including but not limited to mammals, birds, fowl, reptiles and fish, except when referring specifically to the control of rabies where the meaning of the word "animal" shall be limited to mammals, domestic and wild.
Animal control officermeans the person or persons employed by the animal control department as its enforcement officer.
Animal establishmentmeans any facility operated for the sale, care, grooming, breeding, display, training, keeping or boarding or raising of animals. This definition does not apply to veterinary medical facilities or to shelters or facilities operated by municipalities or other governmental entity.
Animal fanciermeans a person owning, keeping, or harboring more than four animals (dogs, cats or any combination thereof), more than four months old. By city ordinance, an animal fancier shall maintain animals and property in such a way that it does not constitute a nuisance to the surrounding occupants or residents in terms of odors, noise, or pose a danger.
Animal sheltermeans a facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals and complies with the standards and requirements of animal shelters prescribed in chapters 823 and 826 of the Texas Health & Safety Code.
At-large or running at-largemeans that any any animal without physical restraint and beyond the property of the animal's owner or keeper. (Hunting dogs, stock dogs and show dogs and cats or other animals, while being worked or shown under the supervision and control of their owner's or the agent's or employees of said owners, are exempt from this definition.)
Bitemeans the breaking of the skin by an animal's teeth, mouth, claws or beak.
Catmeans a domesticated member of the Felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar, ocelot, margay or cat hybrid.
Circusmeans a commercial variety show featuring animal acts for public entertainment.
Collarmeans a band, choke chain, harness or other device worn around the neck of an animal in a humane way to which a vaccination tag and license may be affixed.
County animal sheltermeans a place operated by or for the county, whether county facilities or by contract, for the detention of dogs and other animals, as prescribed by law.
County Health officermeans that the director of environmental health authority is designated as the county health officer for the purposes of this order.
Cruelly-ill treatmeans every act or failure to act whereby unjustifiable physical or mental pain or suffering is caused or permitted.
Dangerous animalmeans any animal that bites or scratches or attacks any other animal or any human being within the city limits without provocation. (V.T.C.A. Health & Safety Code 822.031)
Dogmeans a domesticated member of the Canidae (canine) family other than a wolf, jackal, fox, dingo, coyote or dog hybrid.
Exposed to rabies.A dog or cat has been exposed to rabies within the meaning of this article if it has been bitten by or been exposed to any animal known or suspected to have been infected with rabies.
Horsemeans any horse, any, donkey or mule of the Equidae family.
Hybridmeans the offspring produced by crossing two animals of different races, varieties or species or unlike genetic constitution, including but not limited to dog-wolf crosses and cat-ocelot crosses.
Impoundmeans to take into custody or to place in the county animal shelter.
Kennel.Any place of business at which more than four animals (dogs, cats, or any combination thereof), more than four months of age, are kept for the sale, breeding, boarding, training, or other commercial purposes to include, but not limited to, retail or wholesale trade. By city ordinance, a kennel shall maintain animals and property in such a way that it does not constitute a nuisance to the surrounding occupants or residents in terms of odors, noise, or pose a danger.
Livestockmeans horses, mules, jacks, jennies, cattle, hogs, sheep, goats and similar animals.
Nuisance by an animalmeans the damaging, soiling, defiling, urinating or defecating upon, or repeatedly trespassing upon property other than its owner's. Excessive, continuous or unreasonable, unwarranted whining, howling, barking or annoying noise making so as to disturb the peace and repose of persons living or working nearby. Molesting, threatening, attacking or interfering with persons on private or public property, chasing motor vehicles or bicycles, attacking other domestic animals, or disturbing or turning over garbage or trash containers, or causing unsanitary conditions or odors on or about the premises of its owner by urination or defecation. Is at large beyond the property of its owner or is a dangerous animal within V.T.C.A. Health & Safety Code.
Ownermeans any person, who has a right of property in an animal, or who keeps an animal in his care, harbors an animal, acts as custodian for an animal, or who permits an animal to remain on or about his premises. An animal is harbored if it is fed or sheltered.
Peace officermeans any commissioned officer acting on behalf of the state: Police officers, sheriff deputies, state troopers, game wardens and all other state commissioned officers.
Physical restraintmeans an animal will be deemed under restraint in the following circumstances:
(1) If the animal is within the property limits of its owners; or
(2) Is secured by leash of sufficient strength to control the animal, and under the effective control of its owner or keeper while the animal is outside its owners' property or in a public place.
Proper foodmeans providing each animal with daily food of sufficient quality and quantity to prevent unnecessary or unjustifiable suffering by the animal.
Property sheltermeans providing each animal with adequate shelter from the elements, as required, to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
Proper watermeans providing each animal with daily, continuous water of sufficient quality and quantity to prevent unnecessary or unjustifiable suffering by the animal.
Provocationmeans any purposeful act that causes an animal to bite, scratch or attack in protection of self, owner, or owners property.
Public nuisanceall of the following conditions, situations or occurrences are hereby declared to be a public nuisance and constitute a failure of the owner to exercise proper care and control of his animal and/or the premises where said animals are or have been kept:
(1) Animals.Any animal turning over garbage containers or scattering garbage or which otherwise damages private or public property;
a. Any dog or livestock at large or free-roaming off of private property owned or controlled by the owner, keeper, or the person in charge of said dog or livestock;
b. Any animal barking, whining, howling, or making other sounds or noises in an excessive or continuous fashion; or
c. Any building, room, cage, kennel, yard, run, stable, shed, pen, fenced pasture, or any other place or facility where animals are kept or harbored which is not being maintained in a clean and sanitary condition so as to prevent obnoxious odors, the attraction, breeding or potential breeding of flies, the attraction, harboring or breeding of rodents or potential breeding of rodents, or the creation of any other public nuisances.
Restraint a dogis under restraint within the meaning of this chapter if it is physically controlled by a leash, physically restrained within an open area or confined within a vehicle being driven or parked on the streets, or confined within the property limits of its owner or keeper and shall also be kept in such a manner as will be reasonably calculated not to become a nuisance or a threat to adjacent neighbors or to the public.
Sanitarymeans condition of good order and cleanliness which precludes the possibility of disease transmission.
Spayed femalemeans any bitch dog or cat, which has been operated upon to prevent conception.
Straymeans any animal for which an owner has not been identified or does not have tags affixed to its collar indicating current rabies inoculation and current licensing.
Vaccination against rabiesmeans the injection subcutaneously or otherwise by a licensed veterinarian, or by a person under his/her supervision, of licensed animal rabies vaccine.
Vaccination certificatemeans a certificate bearing the vaccination tag number, signed by the veterinarian or his representative, stating the name of the owner of the dog or cat to which issued and a description of the dog or cat to which issued indicating the year for which issued, certifying that such dog or cat was inoculated or vaccinated against rabies, and stating the date thereof.
Vaccination tagmeans a suitable tag, bearing the same number as the vaccination certificate and indicating the year for which it was issued.
Veterinary hospitalmeans any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries to animals.
Working daysmeans Mondays through Fridays, excluding legal holidays recognized by the Aransas County Commissioner's Court.
(Ordinance 888, §§ 1, 21, 3-26-91; Ordinance 1118, § 1, 7-25-00; Ordinance 1270, § 2, 11-18-03; Ordinance 1590, § 1, 9-25-12)