As used in this chapter, the following terms are defined below:
Abandon.Leaving an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.
Animal.A domesticated living creature and wild living creature previously captured. "Animal" does not include an uncaptured wild creature or wild creature whose capture was accomplished by conduct at issue under this section.
Animal at-large.Animal at large means any animal (excluding sterilized cats) not under restraint of a person who has care, custody, possession or control of the animal either on or off the premises of the owner; that is found to be outside a fence or enclosure on the property to which the animal belongs; or that is otherwise off the premises of the owner of the animal or person with care, custody, possession, or control of the animal.
Animal control officer.A person designated by the city to perform duties under and enforce the laws under this chapter.
Animal shelter.A facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals.
Auction.A place or facility where animals are regularly brought, sold, traded, except for those facilities otherwise defined in this chapter. This section does not apply to individual sales of animals by owner.
Bite.A wound that is inflicted by an animal's bite or scratch that causes punctures, tears, scratches or laceration that results in a break of the skin.
Bodily injury.Physical pain, illness or any impairment of physical condition.
Brand.A mark made on the skin of any animal which indicates the ownership of the animal; typically used with livestock.
Cat.Cat as defined in V.T.C.A., Health and Safety Code, section
826.002(3), as amended.
Three or more cats, who gather in close proximity and who have been fed and cared for at some level but are not claimed by any one person. Cats within a colony may be socialized (friendly) or unsocialized (feral).
Circus.A commercial variety show featuring animal acts for the public entertainment.
Commercial animal establishment.Any pet shop or store, grooming shop, guard dog or obedience training center, animal training services, animal auction, ridding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel, petting zoos, aviaries or any similar entrepreneurial relationship regarding animals.
Community cat.A free roaming cat that may or may not be socialized. Community cats who are ear tipped are sterilized and have received at least one vaccination against rabies. Ear tipped and sterilized community cats are exempt from stray, abandonment and at-large provisions directed towards owned animals. A cat without an ear tip or means of identification may be considered a community cat for the purposes of trap, neuter, and return (TNR).
Community cat caregiver.A person who provides food, shelter or medical care to a community cat, while not being considered the owner, custodian, harborer, controller or keeper of a community cat or to have care or charge of a community cat. Caregivers must make every effort to ensure cats are sterilized, ear tipped and rabies vaccinated to minimize the impact on local wildlife, feed the proper quantity of food for the number of cats in appropriate food containers, discard food containers daily and feed only on their property or with the permission of another landowner (city, state or federal public property).
Contained.Kept in a fenced yard or pen with no roof which is sufficiently to prevent escape; or, kept in a pen or other coop or enclosure with a roof sufficient to prevent escape.
Cruel manner.A manner that causes or permits unjustified or unwarranted pain or suffering.
Custody.Responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.
Dog.Dog as defined in V.T.C.A., Health and Safety Code, section
826.002(6), as amended.
Any animal which is not prohibited, and commonly kept as a pet at the owner's residence; includes livestock, caged or penned fowl, pigeons, normal household pets, such as but not limited to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits.
Enforcement officers.Those authorized to enforce the provisions of this chapter, including but not limited to the local health authority representative, any animal control officer, or any police officer.
Estray.Estray as defined in V.T.C.A., Agriculture Code, section
142.001(1), as amended.
Exotic livestock as defined in V.T.C.A., Agriculture Code, section
142.001(4), as amended, or exotic fowl as defined in V.T.C.A., Agriculture Code, section
142.001(5).
Any cat which is too poorly socialized to be handled (and therefore must be trapped and sedated for examination) and cannot be placed into a typical pet home.
Fowl or poultry.Any bird, wild or domesticated, such as but not limited to chickens, turkeys, ducks, geese, peacocks, pheasants, quail, or other fowl regardless of age or sex, except common household pets such as parakeets, parrots and etc.
Free-roaming cat.Cats which are not confined to the house or an enclosure and are at large. Managed cat colony means a group of free-roaming cats living in close proximity together, all of which have been sterilized and vaccinated and are provided daily food and shelter by a community cat caregiver. The caretaker follows all steps of the form of trap, vaccinate, alter, return and manage ("TVARM") as set out by this ordinance and the city's animal shelter.
Grooming shop.A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.
Guard dog.Any dog professionally trained for the purpose of protecting persons or property by attacking or threatening to attack any person found within the area patrolled by the dog.
Habitual offender or habitually.Owner who has received two or more final convictions of this article or the owner of an animal who has been the subject of impoundment in the animal shelter three or more times during a 12-month period or any combination of convictions and impoundment totaling three incidents.
Harboring or harbor.The act of keeping and caring for an animal or providing a premises to which the animal returns for food, shelter or care for a period of three days.
Hen.Any female chicken of the age of six (6) months or older.
Home quarantine.An animal owner who quarantines an animal at their personal residence with an animal control officer's permission and with compliance to set guidelines and requirements established by the animal control department.
Impoundment.To house an animal by the city, at the owner's expense, in a city-owned or city-designated facility or at the office of an area veterinarian approved by the director.
Inoculated.(1) A dog that is injected with a vaccination on an annual basis to produce immunity against parvo, distemper; or
A cat that is injected with a vaccination on an annual basis to produce immunity against infectious feline diseases, for panleukopenia, viral rhino tracheitis, and calcivirus.
Interfere.To prevent a process or activity from being carried out properly; or obstruct the other's action or; hamper or hinder another's action or; take part in the affairs of others; or to meddle in another's life.
Kennel or cattery.Any shelter where more than three dogs or more than three cats, or more than three dogs, bred, boarded, or held in return for payment. It includes the term "boarding kennel" or cattery.
Mayor.The city mayor or his/her designee.
Microchip implant.A passive electronic device that is injected into an animal by means of a hypodermic-type syringe device.
Microchip reader.An electronic scanner with an operating frequency that is able to detect a microchip that has been implanted in an animal and display the number of the microchip to its operator.
Microchipped.An animal that has a microchip implanted and registered through a national microchip registry with the current owner's name and contact information.
Miniature livestock.Livestock that meet the published breed definition for registration by a nationally recognized breeding association.
Multi-pet owner.A person who keeps or harbors more than five cats or dogs or any combination of five cats and dogs. Puppies and kittens under three months of age shall not be counted for purposes of this definition.
Muzzle.A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
Nonprofit association.Nonprofit association as defined in V.T.C.A., Business Organization Code, section 252.001 as amended.
Owner or presumed owner.Any person or persons, firm, association or corporation, having temporary or permanent custody of, sheltering or having charge of, care of, harboring, exercising control over, or having property rights to, or who knowingly allows an animal to remain on the person's property. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days.
Owner surrender.A voluntary surrender of animal(s) to animal control or the contracted shelter.
Performing animal exhibitions.Any spectacle, display, act, or event (other than circuses) in which performing animals are used. This shall include animal amusement venders, such as but not limited to, pony-go-round rides, commercial horseback pictures, etc.
Person.An individual, corporation, or association.
Pet shop.Any person, partnership, or corporation, whether operated separately or in a connection with another business enterprise (except for licensed kennels and veterinarian facilities), that buys, sells, or boards any species of animal.
Poison.A substance having an inherent harmful property which renders it, when taken into the system, capable of destroying animal life.
Police service animal.Police service animal as defined in V.T.C.A., Health Resources Code, section 121.002(1) as amended.
Possible exposure to rabies.Receipt of a bite, scratch, or potential contact from any warm blooded animal, animal to human, or animal to animal.
Premises.The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.
Proof of rabies vaccination.Documentation from a veterinarian licensed to practice in the state that the animal has been vaccinated with a rabies vaccine licensed for use in that species by the United State Department of Agriculture and/or the Texas Department of Health.
Proper enclosure.A house or a building, or in the case of a fence or structure/pen must be suitable to prevent entry of person and must be locked and secured such that an animal cannot climb, dig, jump or otherwise escape of its own volition.
Provocation.Any purposeful act that causes an animal to bite, scratch, or attack in protection of self or food, kennel, or nursing offspring, owner, or owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with city ordinances would be considered provocation, irrespective of the reason for such entrance unless performing a service to the owner's property' with consent (call for service).
Public nuisance animal.Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of persons, other than its owner(s), to enjoyment of life or property.
Quarantine.Strict confinement of an animal specified in an order of the board or its designee:
(1) On the private premises of the animals owner or at a facility approved by the board or its designee; and
Under restraint by close cage or paddock in any other manner by board rule.
Quarantine period.A period used for observation of a domestic or pet animal to determine the health status of that animal in relation to the rabies virus.
Rabies.The acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite or scratch.
Restraint.Any animal secured by a leash, lead, chain or tether and under the direct physical control of a responsible person. At all other times, a dog or other animal shall be confined to the realty or premises of the owner.
Riding school or stable.Any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, or burro; or any place that regularly buys, sells, or trains the above animal, including a racetrack, trotting track, or rodeo.
Rooster.Any male chicken of the age of six (6) months or older.
Scratch.A scrape left by the claws or teeth of an animal that causes a break in the skin.
Service dog.Service animal as defined in V.T.C.A., Health Resources Code, section 121.002(1) as amended.
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; or that has an elevated temperature, depressed heart rate, or inability to ambulate.
Small animal.An animal less than 5 pounds and kept domestically, including a rabbit, guinea pig, rat, mouse, hamster, or gerbil.
Stray.Roaming with no physical restraint beyond the premises of an animal's owner or keeper.
Stray cat.Cats which are currently or recently owned which may be lost from their homes. A free-roaming cat is not an indicator that the cat is lost/stray.
Sufficient shelter.Reasonable shelter with a roof and three (3) solid sides that is capable of protecting the animal from the elements and shall be situated so there is a buffer area between it and neighboring property with sufficient access to allow the sufficient shelter to be effectively cleaned and which sufficient shelter shall be kept cleaned and not create an unsightly structure.
Tag.A metal/plastic tag attached to a collar as required by this chapter or some other permanent identifying device attached to a collar or to an animal.
Tattoo.A permanent mark which is made on the skin of an animal by puncturing the skin and inserting indelible color, and which is used to show ownership.
Tethering.Using a chain, rope, tether, leash, cable, or other device to attach a dog to a stationary object or trolley system.
TNR Program.Trap, neuter and return (TNR) program means the nonlethal, humane alternative to deal with stray cats which are captured, spayed/neutered and returned to their location in order to encourage the stabilization of the free-roaming cat population in the city. After being trapped, cats are spayed or neutered, vaccinated, ear-tipped, and returned to the outdoor area where they were trapped. Cats can be recognized as part of TNR by the tipped ear. Tipped ears can appear straight, jagged, or notched.
Unprovoked.A dog attacks or attempts to inflict bodily injury on a person when the dog was not hit, kicked, or struck by the person with an object or a part of the person's body nor was any part of the dog's body pulled, pinched, or squeezed by the person, nor was the dog taunted or teased by the person.
Vaccinated.Properly injecting with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed to practice in the state in an amount sufficient to provide immunity.
Veterinary hospital.Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
Vicious animal.An animal, other than a dog, that makes an unprovoked attack upon a person or other animal resulting in serious bodily injury to such person or animal.
Wild animal.Any animal except the common domestic species (including, but not limited to, dogs, cats, horses, cattle, swine, sheep, and goats), regardless of the state or duration of captivity.
Wildlife.A species, including each individual of a species that normally lives in a state of nature and is not ordinarily domesticated. This shall apply regardless of state or duration of captivity. The term shall include but is not limited to: foxes, cougars, coyotes, raccoons, and all forms of poisonous or constricting reptiles, and other like animals.
Zoological park.Any facility operated by a person, partnership, corporation, or government agency, other than a pet shop or kennel, displaying or exhibiting one or more species of no domesticated animals.
[Ordinance 2024-36 adopted 8/20/2024]