Unless otherwise expressly stated, the following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section:
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.
An act that continually causes an animal to be overloaded or forced to work or conduct itself in a manner unsuitable to its species, breed, condition, or health.
Spayed or neutered.
All domesticated and undomesticated living creatures, except humans. This chapter is generally directed for domesticated animals or pets, however, it may also be imposed to other undomesticated animals.
A person designated by the city to receive reports of stray animals and pick up such strays, investigate animal bite reports and general animal nuisance reports, and otherwise carry out the provisions of state law and municipal ordinances and policies relating to animal control.
Any pet shop, grooming shop, animal auction, performing animal exhibition, kennel, or animal shelter. This term shall not include veterinary medical facilities, licensed research facilities, facilities operated by government agencies, or licensed animal dealers.
Any facility designated or recognized by the city for the purpose of impounding and caring for animals.
An animal shall be deemed to be at large when off the property of the owner or harbored and not under restraint or control. Nothing in this chapter shall be construed to prohibit the owner of any animal from escorting such animal properly leashed to premises other than those of such owner for purposes of exercise, visitation, companionship, participation in shows and exhibitions, or treatment and care by a veterinarian or kennel for hire to the public; from transporting such animal in an automobile or other vehicle; or from training or exhibiting such animal without leash on private premises or public shows and exhibition premises, under conditions where such unleashed animals are otherwise restrained from leaving such premises.
A domestic feline of either sex, including one neutered or sterilized.
The head of the police department of the city or a designated representative.
The city of Mercedes.
Any designee of the city animal control officer, code enforcement officer, or law enforcement officer that is employed by the city.
A conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. Conviction includes disposition of charges against a person by probation or deferred adjudication.
An overt act committed that harms or needlessly kills an animal or committed out of depraved indifference for the animal's wellbeing, including but not limited to torture, maiming, beating, or otherwise committing violence that causes injury or death.
Is any dog or other animal which demonstrates a propensity to assault, bite, scratch or harass people or other animals without provocation.
Any person or entity authorized to exercise authority as assigned by the city manager, which may include an animal control officer, code enforcement officer, a police officer, a regional entity, and/or a licensed veterinarian.
A domestic canine of either sex, including one neutered or sterilized.
The harsh forces of the whether such as wind, rain, heat, cold, ice, snow, etc.
A fence or structure suitable to fully prevent the escape of the animal.
To put an animal to death in a humane manner.
An animal of a nondomesticated species not commonly kept as a household pet. Exotic animals may or may not be native to the area and may or may not be governed by existing wildlife regulations.
Extreme events or occurrences of unusually severe weather or climate conditions that can cause devastating impacts on communities and agricultural and natural ecosystems. Weather-related extreme events are often short-lived and include heat waves, freezes, heavy downpours, tornadoes, tropical cyclones, floods and hurricanes.
An area that is completely surrounded by a substantial fence of sufficient strength, height, construction, materials, and design as to prevent:
An animal that is wild, untamed, or has no ascertainable owner.
The act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter or care. (Note: Feeding, caring and keeping animals for more than 3 days.)
Care of an animal including, but not limited to, adequate heat, ventilation, sanitary shelter, wholesome food, sufficient water, and regular personal contact consistent with normal caring requirements and feeding habits of the animal's size, species, and breed.
At once and without delay.
An animal that has not been surgically sterilized.
A structure or shelter for animals which is enclosed and secure; any person, group of persons, partnerships or corporation engaged in keeping a vicious animal, five or more dogs, above the age of 6 months or older; or are in the business of boarding, breeding, buying, letting for hire, or the training of dogs above 6 months old for a fee, or the selling of any combination of pets; and of which the subject site meets one of the following criteria:
Any building, lot, yard, shed or other place in which five or more dogs, more than six months old, are kept;
Any building, lot, yard, shed or other place in which a vicious dog will be kept.
NOTE: A kennel's confinement area for the 5 or more dogs (more than 6 months old) must be a minimum of 100' from the nearest residential structure on adjoining properties. |
All cattle, cows, calves, bulls, horses, donkeys, mules, sheep, swine, rabbit, and goats of every class, whatever, or the young of any such animal. The term domestic fowl shall include all chickens, ducks, turkeys, geese, pigeons, guineas, and parakeets, of every class whatever, and the young of any such fowl.
An act involving failure to provide for animal health or safety, including but not limited to provide adequate food, water, shelter, exercise, or necessary veterinary care or failure to adequately confine an animal in an uncongested manner appropriate to its species, breed, age, and condition.
By personal service, certified mail (return receipt requested), or a written notice left at the entrance to the premises where the animal is harbored.
Unless otherwise stated in this chapter, a requirement to notify the department, means to contact the department at 959-565-6147 and speak with an employee of the department or leave a voicemail. Notification shall be made immediately, but only as soon as can be done so safely. The city police department may be contacted after the hours of 5:00 p.m., weekends, and holidays.
An animal that damages, soils, defiles, or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous, or offensive conditions to surrounding properties; causes a disturbance by excessive barking or other noise-making; or chases vehicles or molests, attacks, or interferes with persons or other domestic animals on public or private property.
A person having the right of custody, legal or apparent, of an animal who keeps or harbors an animal or knowingly permits an animal to remain on or about any premises occupied by that person.
With respect to a collar or harness, a collar or harness that is appropriately sized for the dog based on the dog's measurements and body weight; does not choke the dog or impede the dog's normal breathing or swallowing; and does not cause pain or injury to the dog.
To control an animal by physical means.
A chain, rope, tether, leash, cable or other device that attaches a dog to a stationary object or trolley system.
Any animal for which there is no identifiable owner or keeper.
To tie (an animal) with a rope or chain so as to restrict its movement.
A person who owns or has custody or control of a dog and who uses a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system shall comply with chapter 821, subchapter D, section 821.076 through 821.081 of the state Health and Safety code, as amended. Dogs must have a properly fitted collar and restraint system as required by subchapter D, chapter 821 of the state Health and Safety code.
Properly injected with a rabies vaccine licensed for use in that species by the United States of Agriculture, and administered by a veterinarian licensed to practice in the state.
An animal that without justification attacks a person or domestic animal causing physical injury or death or that behaves in a manner that a reasonable person would believe poses an imminent threat of serious injury or death to one or more persons or domestic animals.
Includes all species of animals which exist in a natural unconfined state and are usually not considered domesticated.
(Ordinance 2018-19 adopted 5/15/18; Ordinance 2023-02 adopted 2/7/2023)