The primary function and intent of this chapter is protection of the health, safety and welfare of the people of the city by controlling the dog or cat population and establishing uniform rules for the control and eradication of rabies.
(Ordinance 394 adopted 2/11/2020; Ordinance 441 adopted 7/11/2023)
Animal control officer.
The person employed by or contracting with City of Onalaska, Polk County Police Officer, or on duty animal control officer to enforce these rules.
Bite.
Any abrasion, scratch, puncture, tear or piercing of the skin actually or suspected of being caused by an animal.
Certificate.
A certificate bearing the signature and license number of a licensed veterinarian, rabies tag number, the name, color, and sex, species, age, breed of a dog or cat, the name and address of the owner, the date of the vaccination, the date serial number, producer and type of vaccine administered.
Commercial animal breeder.
A resident of Onalaska who owns or keeps a dog or cat to breed the animal for the purpose of selling, trading, or bartering any offspring.
Custodian.
A person who feeds, shelters, harbors, possesses, or has the responsibility to control a dog or cat.
Dangerous dog.
Any dog that has been deemed dangerous under the provision of chapter 822, subchapter D Texas Health and Safety Code.
Exposed to rabies.
Any dog or cat (whether it has been vaccinated for rabies or not) which has bitten, fighting with, or has consorted with any dog or cat known or suspected to have rabies, or showing objective symptoms of rabies.
Harbors.
A person that feeds, waters, or cares for a dog or cat for a period of three (3) consecutive days.
Impound.
The apprehending, catching, trapping, netting, tranquilization or confining.
Impounding facility.
Any premises designated by Polk County or the City of Onalaska for the purpose of impounding, destroying or caring for all dogs and cats found in violation of this section.
Owner.
(1) 
Any individual, corporation, association or any other legal entity, that harbors, shelters, keeps, controls, manages, possesses or has part interest in any dog or cat. The occupant of any premises on which a dog or cat remains for a period of three (3) days or to which it customarily returns daily for a period of three (3) days is presumed to be harboring, sheltering, or keeping the aforementioned dog or cat, within this definition. Under no circumstances are the normal and ordinarily accepted definitions of the terms harboring, sheltering or keeping, being limited to the words of the aforementioned presumption.
(2) 
If a minor owns a dog or cat subject to the provisions of the rules, an adult occupant of the household of which such minor is a member, shall be deemed the owner or custodian of such dog or cat for the purpose of these rules and under this order shall be responsible as the owner or custodian. If not a member of a household, such minor owner shall himself be directly subject to the provisions of these rules.
Public nuisance.
Shall describe any dog or cat that:
(1) 
Barks or makes noise continuously for at least ten (10) minutes.
(2) 
Soils, defiles or defecates on a public walk, city or private recreation area, or any land or property owned by someone other the owner of the dog or cat the does not remove such waste within ten (10) minutes of any soiling, defiling or defecation; or
(3) 
Chases or pursues pedestrians, cyclists, or vehicles.
Registered.
Any dog or cat that is registered with an Onalaska, Texas, licenses.
Restraint.
The control of a dog or cat under the following circumstances:
(1) 
When it is controlled by a lead, line or leash that is secured to a secure object or held by a human being who is capable of controlling or governing the dog or cat in question.
(2) 
When it is within a fully enclosed vehicle.
(3) 
When it is on the premises of the owner and/or custodian provided that said dog or cat does not have access to a sidewalk or street.
School.
A building where people regularly assemble for the purpose of instruction, education, or care, including playgrounds, dormitories, stadiums, and other structures or grounds used in conjunction therein.
Stray.
Any dog or cat running free without restraint and that is off the property of the owner or custodian of such dog or cat.
Unprovoked.
With respect to an attack by a dog means that the dog was not hit, kicked, or struck by a person with any object or part of a person's body nor was any part of the dog's body pulled, pinched or squeezed by a person.
(Ordinance 394 adopted 2/11/2020; Ordinance 441 adopted 7/11/2023)