Abandon.To fail to adequately provide an animal with one (1) or more of the necessities of life including but not limited to air, food, potable water, sanitary conditions, shelter, protection from the heat, cold, or other environmental conditions, or under other circumstances that may cause bodily injury, serious bodily injury, or death of the animal, for twenty-four (24) or more hours, or to leave an animal in the care, custody, or control of another person without his or her consent.
Animal.Any live or dead nonhuman mammal. Unless indicated otherwise, the term shall also include fowl, reptiles, amphibians, and wildlife, as well as other creatures commonly owned as pets.
Animal establishment.Any permanent facility or business that has care, custody, or control of animals within the City of Odessa including, but not limited to, pet shops, grooming facilities, boarding kennels, and animal auction facilities. This term does not include veterinary or medical facilities, research or other facilities licensed by government agencies, wildlife education centers, and zoological parks.
Animal fighting paraphernalia.Any item or equipment that is designed, adapted, or used for animal fighting purposes, including but not limited to, instruments designed, adapted, or used in a manner that attaches to the leg of a bird, such as a knife, gaff, or other sharp instrument, or items used to train or condition animals to fight, such as hanging devices or "bite sticks."
Animal services director.Person designated by the city who is responsible for overseeing the enforcement of this chapter and the regulations promulgated hereunder.
Animal services facility.A city-owned and -operated facility established for the purposes of impounding and caring for animals held under the authority of this article or state law. Also referred to as the animal shelter. at-large. Not under control of the owner either by leash, chain, cord or other suitable material attached to a collar or harness, or not retained securely within an enclosure.
Animal services officer.Any sworn or unsworn officer from the animal services division whose primary responsibility is the enforcement of this chapter.
At-large.Not under control of the owner either by leash, chain, cord or other suitable material attached to a collar or harness, or not retained securely within an enclosure.
Basic grooming.Maintaining the eyes, ears, beaks, hooves, feet, nails, coat, and skin of an animal in such a manner that is reasonably necessary for the health and safety of the animal.
Bodily injury.Physical pain, illness, or any impairment of physical condition that would cause a reasonably prudent person to seek treatment from a medical professional or veterinarian without regard to whether the person actually sought treatment. This term includes, but is not limited to, a bite or scratch wound and any bodily injury resulting from the victim attempting to escape or prevent contact with the injuring animal.
City enforcement agents.Any designee of the City of Odessa Animal Services Director, any animal services officer, or law enforcement officer that is employed by the City of Odessa.
Commercial breeder.Any owner who breeds animals or transfers ownership of more than twelve (12) animals or more than two (2) litters, clutches, or other groups of offspring (whichever is greater) of any breeding animal during any twelve (12) consecutive month period to another person for the purpose of breeding, show, personal pet, or resale to a third person.
Dangerous animal.(1) An animal that makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own;
An animal that commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person;
An animal that commits an unprovoked attack on a human being that causes serious bodily injury or death and occurs in an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own unless the person who was attacked was trespassing or otherwise violating the law by being within the enclosure;
An animal that is at-large and commits an unprovoked attack on a domestic animal that causes the death of the attacked animal; or
An animal that is at-large and commits an unprovoked attack on a domestic animal that causes serious bodily injury to the attacked animal and the attacking animal has already committed at least one unprovoked attack on a previous occasion against a human being or domestic animal.
The term dangerous animal does not include an animal that commits an unprovoked attack on a human being in an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure where the person who was attacked was trespassing or otherwise violating the law by entering the enclosure.
Domestic animal.An animal, such as a dog or cat, that has been tamed and is commonly kept by humans as a work animal, pet, or source of companionship.
Euthanasia.The termination of an animal by a person using methods authorized by state and federal laws.
Feral animal.Any owned or unowned, tamed or untamed animal that will not voluntarily accept handling by human beings or has escaped from domestication and has reverted back to wild behaviors.
Foster.Any person, belonging to a registered 501(c)(3) Rescue Group, providing a temporary home for a dog or cat, who for whatever reason, needs to be housed outside of the shelter.
Fowl.All animals belonging to the class of Aves including but not limited to, chickens, turkeys, geese, ducks, guinea hens, peafowl, pigeon and other domestic or non-domestic feathered creatures regardless of age or sex.
Fully vetted.Any dog or cat who has been spayed/neutered, microchipped, and is current on all vaccination.
Humane trap.Any trap designed to capture an animal without injuring the animal.
Identification.Any acceptable method, such as microchipping, which can be used to readily trace the current ownership of an animal.
Impound.The placing of the animal in the city's animal service's facility.
Kennel.Any lot, building, structure, enclosure, or premises where four (4) or more adult animals are kept and wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other animals.
Livestock.Any horse, mule, donkey, cow, sheep, llama, goat, pig, and any other similar animal regardless of age, sex or breed.
Local rabies control incident (LRCI).Any bite, scratch, or other injury to a person caused by a warm-blooded animal that breaks the victim's skin and/or causes him or her to bleed and potentially come into contact with the injuring animal's saliva and could therefore allow the rabies virus to be transmitted from the animal to the person.
Microchip.Identifying integrated circuit implanted under the skin of a dog, cat, or other animal that uses passive radio frequency identification (RFID) technology, which is also commonly known as a passive integrated transponder or "PIT tag" for purposes of identification.
NASAR.The National Association for Search and Rescue, which is a nonprofit corporation that provides training and certification resources for search and rescue, and emergency rescue efforts.
Owner.Any person, firm or corporation owning, keeping, harboring or assuming control, possession, or custody of any such animal.
Pet grooming facility.An establishment (structure or vehicle) that provides basic grooming for domestic animals but does not routinely board animals for a fee. For the purposes of this chapter, a veterinary clinic that provides basic grooming is not a pet grooming facility.
Poisonous snakes.Snakes that contain poison, either in venom glands or in other organs or tissues. Shall include, but is not limited to, all species of rattlesnakes.
Police service animal.An animal owned by the City of Odessa, or other governmental law enforcement agency, specifically trained or equipped to assist personnel in a law enforcement capacity.
Premises.A definite portion of real estate or land, together with any appurtenances or buildings, owned or occupied by the person(s) keeping animals.
Private animal sale.The individual transfer of ownership of an animal, other than a wild animal, by a private owner to another private owner that occurs on the property of either the seller or buyer, roadway, parking lot, or other public property.
Private owner.An owner who is not a permitted commercial breeder or a permitted animal establishment.
SARTECH III.Basic level of certification of persons issued by the National Association for Search and Rescue.
Serious bodily injury.An injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.
Shelter.A structure that is capable of adequately providing cover and protection from heat, cold, and other environmental conditions. At minimum, a shelter must have three (3) sides, a top, and a bottom and must be adequately ventilated. It must have bedding material. It must be large enough so that the animal can enter, stand, turnaround, and lie down, but small enough to prevent the loss of body heat during cold weather.
Small domesticated animal.Any guinea pig, hamster, rabbit, gerbil or other animal of similar size, but does not include dogs or cats which are regulated by other provisions in this chapter
Spayed or neutered.Permanent sterilization of the animal through surgical means to render the animal incapable of reproducing.
TCOLE.The Texas Commission of Law Enforcement.
Tether.Any leash, cord, rope, or other means of restraining an animal or the act of tying, fastening or otherwise securing an animal to a fixed point so that it can move or range only within certain limits.
Vicious animal.Any animal, wild or domestic, which demonstrates a propensity toward the unprovoked biting or attacking of animals or humans, or which demonstrates a disposition towards savagery or ferociousness toward animals or humans, or which represents a physical threat to animals or humans.
Wild animal.Any animal as defined in section
822.101(4) of the Texas Health and Safety Code, as amended, including but not limited to: wolves, coyotes, panthers and any other animal typically found in a zoo except for the following:
(3) Livestock as regulated by sections
2-1-11 herein.
(Ordinance 2023-26 adopted 10/10/2023)