The following words, terms, and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abuse.To mistreat through intent or neglect any animal, fowl, livestock, or wildlife in a manner that causes or is likely to cause stress or physical injury, as provided in Texas Penal Code §
42.092, or as otherwise stated in this chapter.
Any living organism of the Kingdom Animalia that breathes and feeds on organic material. When used in this chapter the term "animal" includes, but is not limited to, dogs, cats, livestock, fowl, vertebrates, fish, and hermit crabs.
Animal care officer (ACO).An employee of the city, who is authorized to enforce all state laws and city ordinances as they pertain to animals.
Animal clinic.Any private or public facility, either nonprofit or for hire, that provides veterinary services such as vaccinations and spay/neuter services for dogs and cats.
Animal foster home.Any residence that is registered with a rescue for the purpose of temporarily housing domestic animals in need of adoption into a permanent household. The foster home must be inspected and approved by the rescue group and may be subject to inspection by animal services center staff at any time.
Animal services center (ASC).The Wichita Falls Animal Services Center or other facility designated by the city council as the municipal animal shelter to be used for the housing of any animal impounded by an animal care officer or any employee of the ASC.
At-large.Any animal, including fowl or livestock, not restrained by some physical means to the premises of its owner or harborer/caretaker. An animal shall not be considered at-large when held and controlled by some person by means of a leash or chain of proper strength and length to control the actions of the animal, fowl or livestock. An animal shall not be considered at-large when participating in a show, competition, or training program. A licensed cat meeting the requirements in section
14-297 or
a cat harbored as a member cat of a registered cat colony or a nonmember feral cat shall not be considered at-large unless they are creating a public nuisance or unaltered.
The location at which a feral cat caregiver provides food, water, or shelter to feral cats in compliance with the cat colony guidelines herein.
Circus.A commercial variety show featuring animal acts for the public.
Commercial animal establishment.Any pet store, petting zoo, grooming business, riding school, stable, zoological park, circus, performing animal exhibition, or kennel.
Cruelly treated.Includes tortured; seriously overworked; abandoned; deprived of adequate food water, care, or shelter; cruelly confined; or caused to fight with another animal.
Curtilage.Any land or building immediately adjacent to a dwelling that is directly and intimately connected with the habitation.
Dangerous animal.An animal other than a dog that the director determines to be a danger to human life, health, or safety.
Dangerous dog.A dog that makes an unprovoked attack on a person or animal that causes bodily injury and occurs in a place other than the enclosure in which the dog is normally kept or was being kept or commits unprovoked acts in a place other than the enclosure in which the dog is normally kept or was being kept, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person or to another animal.
Director.The health director of the Wichita Falls-Wichita County Health District or his or her designee.
Distance between structures.A straight line from the nearest point of the shed, stable, barn, pen, enclosure, fence, or area in which the animal is contained to the nearest point of such actual residence or building used for human habitation.
Ear tipping.The surgical removal of a quarter-inch from the top of a feral cat's left (or occasionally right) ear by a licensed veterinarian while the cat is anesthetized for spaying/neutering for the purpose of identifying a feral cat as having been evaluated, vaccinated, and spayed/neutered.
Enclosure.An area sectioned off by a fence or wall secured on all sides to prevent escape.
Equine.Any animal in the horse family, including but not limited to horses, donkeys, and zebras.
Feral cat.Any cat that is not socialized towards humans, is born in the wild, or is a formerly owned cat that has been abandoned, or a cat that lives in the community that is not owned by humans, and is sometimes referred to as a free-roaming or street cat.
Feral cat caregiver.A person who harbors feral cats in compliance with the permitted feral cat management guidelines contained herein.
First offender.A person that has received a citation for an animal related offense occurring in the city limits for the first time.
Fostered animal.An animal residing in a foster home registered and approved by an ASC approved rescue group until its adoption into a permanent household.
Fowl.Includes chickens, turkeys, pheasants, quail, guineas, geese, ducks, peafowl, and other domestic feathered creatures regardless of age or sex, except parakeets, canaries, or similar small-size birds, or any exotic birds, such as parrots, provided they are continuously confined within the residence or business of the owner/harborer.
Grooming.The hygienic care and cleaning of an animal, which includes but is not limited to keeping a dog or cat's nails trimmed to an appropriate length and keeping hair and fur free of mats and burrs. Hair shall be maintained in a manner allowing the animal to have a clear line of sight.
Grooming business.A commercial business establishment including a mobile grooming unit where animals, for a fee, are bathed, clipped, or combed to enhance their aesthetic value, health, or both.
Harbor.To provide any animal, fowl, livestock, or wildlife with food, water, or shelter.
Impoundment.To take an animal into custody by a city ACO or other employee of the ASC. Impoundment begins at the time any ACO or employee of the ASC takes control of the animal.
Kennel.Any lot, building, structure, enclosure, or premises used for commercial purposes wherein one or more dogs and/or cats, 16 weeks of age or older, are kept or maintained for profit, including animal day-care facilities and veterinary clinics/hospitals.
Livestock.A domestic animal generally used or raised on a farm for profit or use, including but not limited to bovine, equine, sheep, goats, swine, or any other animal defined as livestock by the state
agriculture code, whether commonly domesticated or not.
Local rabies control authority.
Member cat.A feral cat that is part of a permitted feral cat colony.
Microchip.An identifying integrated circuit device placed under the skin of an animal and containing information regarding that animal, including the identity and address of the owner, which can be read with a scanner capable of reading information from identifying integrated circuit devices.
Neutered.Any male animal rendered incapable of breeding by castration.
Official notice.Written notice delivered in person by an ACO or sent by certified mail, return receipt requested, addressed to the last known address of the recipient by either an ACO or an ASC designee.
Owner.A person who owns, keeps, shelters, maintains, feeds, harbors, or has temporary or permanent custody of a domestic or prohibited animal, or who knowingly permits a domestic or prohibited animal to remain on or about any premises over which that person has control. The term shall include a person who harbored, fed, or sheltered the animal for seven (7) consecutive days or more.
Performing animal.Any animal which is used at, or for the purpose of any entertainment to which the public are admitted.
Permitted feral cat colony.Five or more feral cats that live together in one territory, often near food sources and shelter, under the supervision of a particular feral cat caregiver in compliance with the permitted feral cat management guidelines contained herein.
Pet store.Any person, partnership, company, or corporation, whether operated separately or in connection with another business enterprise, that buys or sells any species of animal.
Petting zoo.A collection of animals for people to pet and feed.
Potbellied pig.A Vietnamese potbellied pig. Under no circumstances shall any swine be considered a potbellied pig if its weight exceeds 125 lbs.
Private animal shelter.An establishment that provides a temporary home for dogs, cats, and other animals that are offered for adoption or rescue. Municipal shelters are excluded from this definition.
Prohibited animal.(1) Any wild or exotic animal or any animal not normally born and raised in captivity including, but not limited to the following:
a. Reptiles: venomous lizards, venomous snakes, crocodiles, alligators, caimans, and gharial;
Mammals:
1. Felines (such as lions, tigers, bobcats, jaguars, leopards, and cougars), except commonly domesticated cats;
Canines (such as wolves, dingos, coyotes, foxes, jackals, and any hybrid of a canine), except commonly domesticated dogs;
Mustelids (such as weasels, skunks, martins, minks, badgers, and otters) except ferrets;
Procyonids (such as raccoons and coati);
Marsupials (such as kangaroos, opossums, koala bears, wallabies, bandicoots, and wombats);
Sloths, anteaters, armadillo, and related species;
Primates (such as monkeys, chimpanzees, orangutans, and gorillas);
Rodents (such as beavers and porcupines), except commonly domesticated rodents kept as pets including hamsters, gerbils, guinea pigs, rats, mice, and chinchillas;
Amphibians: Poisonous frogs.
Does not include nonpoisonous reptiles or nonpoisonous amphibians.
Does not include livestock, fowl, or normal household pets such as, but not limited to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish, or small nonpoisonous reptiles, snakes, or amphibians.
Public nuisance.Any action or condition that has the potential to affect the health, safety, or welfare of the public, including the following:
(1) Any animal, fowl, or livestock that molests, chases, or attacks passersby or passing vehicles;
Any animal, fowl, or livestock that molests, chases, or attacks other animals;
Any animal, fowl, or livestock that trespasses on school grounds;
Any animal, fowl, or livestock that is repeatedly at-large (i.e., two (2) or more times per 36-month period) while being owned/harbored by the same person;
Any animal, fowl, or livestock that damages or defiles private or public property;
Any animal, fowl, or livestock that barks, whines, howls, crows, or makes other noise in an excessive or continuous fashion;
Any dog or cat that is unconfined in season;
Any animal, fowl, or livestock that has been deemed a dangerous animal and not confined as required by this chapter;
Fecal matter, garbage, or other organic wastes deposited, stored, discharged, or exposed in such a way as to be a potential instrument or medium in disease transmission;
A condition or place that is a breeding ground for flies;
A collection of water in which mosquitoes are breeding;
A place or condition harboring rats;
An object, place, or condition that is a potential medium of disease transmission to humans;
Any animal, fowl, or livestock which damages, soils, defiles, urinates, or defecates on private property other than the owners;
Providing food or water to a feral cat that is not associated with a permitted cat colony or a nonmember feral cat;
A place or condition that has the potential to produce obnoxious or foul odors.
Rabies.An acute viral disease of dogs, humans, and other mammals affecting the central nervous system usually transmitted through the saliva of an infected animal by a bite or scratch.
Rescue group.An organization approved by the director or his or her designee whose mission is to take unwanted, abandoned, abused, or stray animals and attempt to find them suitable homes.
Residence.Any place of human habitation at any time, day, or night, including but not limited to any residence, church, school, convalescent center, or nursing home.
Restrained.Any animal secured by a leash or lead held by the owner or responsible party or physically confined within the property limits of its owner. Physical confinement must be appropriate in height and strength to confine the animal(s) on the property. Invisible fencing, remote control collars, and voice commands are not recognized as proper restraints for animals.
Riding school and stable.Any place that has horses, ponies, donkeys, mules, or burros available for hire, boarding, and/or riding instruction.
Sanitary.Any condition of good order and cleanliness that discourages and limits disease transmission.
Spayed.Any female animal rendered incapable of being bred by removal of the ovaries.
Vaccination.An injection of a vaccine, including but not limited to rabies, which is approved by the U.S. Department of Agriculture, Veterinary Biologics Division, state veterinarian, and administered as required by state law.
Veterinarian.Any person duly licensed to practice veterinary medicine by the state board of veterinary examiners.
Veterinary clinic/hospital.Any establishment maintained and operated by a licensed veterinarian for surgery and/or diagnosis and treatment of diseases and injuries of animals, fowl, livestock, or wildlife including but not limited to a mobile or outpatient clinic.
Wild animal (wildlife).Any nondomestic creature (mammal, amphibian, reptile, or fowl) that is of a species that is wild by nature and that can normally be found in the wild state and that is not naturally tame or gentle but is of a wild nature or disposition; or that, because of its size, vicious nature and other characteristics, would constitute a danger to human life or property, if not kept or maintained in a safe and secure manner. Such creatures include, but are not limited to, all nonhuman primates and all forms of venomous reptiles and nonvenomous snakes that will exceed a length of six feet when mature. Excluded from this definition are hamsters, gerbils, ferrets, domesticated breeds of rabbits, guinea pigs, rats, mice, newts, and salamanders.
Zoological park.Any facility, other than a pet store or kennel, displaying or exhibiting one or more species of animals, fowl, livestock, and wildlife, operated by a person or under the auspices of a government agency or possessing an unrevoked municipal zoological park permit.
(Ordinance 58-2024 adopted 11/5/2024)