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:
Adequate sheltermeans a structure that provides the animal with protection from the elements and shall include but not limited to three secure sides attached to a secure roof and floor. The floor shall be such to provide the animal additional protection from the elements.
Animalmeans a living creature, including but not limited to any stray or feral cat or dog, or wild living creature previously captured.
Animal adoption and rescue centermeans a facility designated and operated by the city for the purpose of impounding and caring for animals held under authority of this chapter.
Animal dealermeans any person engaging in the business of buying and/or selling any animal or animals for the purpose of resale to pet shops, research facilities, another animal dealer, or to any other individual or individuals other than the sale of an occasional litter or animal on a random basis, including the sale of any animal from any roadside stand, booth, flea market, internet site or other temporary site. Persons buying or selling animals for, and destined for, human consumption, are not included in this definition.
Boarding/riding stablesmeans any facility for boarding, livery, training or riding school or any facility which maintains horses or ponies, mules, donkeys, or burros whether gratuitously or for a fee.
Boarding kennel or catterymeans any establishment where dogs, cats, puppies, or kittens are kept for the primary purpose of boarding for any part of a 24-hour period. This does not include veterinary clinics where boarding is offered in addition to clinical services or grooming facilities where boarding is not offered overnight.
Breedermeans any person engaged in the business of breeding those animals for direct or indirect sale or exchange in return for considerations and the person sells, exchanges or offers to sell more than ten animals in a calendar year.
Chicken coopmeans a completely enclosed, covered, predator-resistant chicken house that is designed to prevent backyard chickens from escaping, can be easily accessed, cleaned, and maintained, and meets all other applicable requirements of this chapter.
Class A kennel or catterymeans any establishment where dogs and/or puppies or cats and/or kittens are kept for the primary purpose of breeding, buying or selling such animals and which establishment is so constructed that the dogs, puppies, cats and/or kittens cannot escape or cause a nuisance to the community. License shall apply to up to five dogs or cats and shall require an additional Class A kennel or cattery license for each increment of up to five dogs or cats. Dependent on the approval of the neighborhood services director or their designated agent, there may be limitations on number of animal housed on premises.
Class B kennel or catterymeans any establishment where dogs, puppies, cats, or kittens are kept for the primary purpose of showing (including, but not limited to, field trial competition, hunting trial competition, herding competition, conformation and obedience competition) and which establishment is so constructed that the dogs, puppies, cats and kittens cannot stray therefrom. The primary purpose shall be determined by verifying the participation of one or more of the housed animals in a sanctioned competition in the preceding 12 months. The license shall apply to up to five animals. Animals in excess of five shall be licensed individually.
Class C kennelmeans any establishment where dogs or puppies are kept for the primary purpose of training for guard, sentry, field, or obedience, whether gratuitously or for a fee. A Class C kennel may also offer boarding services if the boarding occurs at the same location with no additional boarding kennel license required.
Class D nonprofit rescue permitmeans any establishment where dogs and/or puppies or cats and/or kittens are kept for the primary purpose of adoption through an established rescue/placement group and which establishment is so constructed that the dogs, puppies, cats and/or kittens cannot escape or cause a nuisance to the neighborhood. License shall apply to up to ten dogs or cats and shall require an additional Class D nonprofit rescue permit for each increment of up to ten dogs or cats. Dependent on approval of neighborhood services director or their designated agent, there may be limitations on number of animals housed on premises.
Collarmeans any collar constructed of nylon, leather, or similar materials, specifically designed to be used for a dog, cat or ferret.
Dangerous animalmeans any warm blooded mammal which is known to carry or be susceptible to the rabies virus and which cannot be effectively vaccinated against that virus with any vaccine approved by the state department of health. A dangerous animal includes any hybrid animal or any pet wildlife which has attacked a human, killed or maimed a domestic animal or a permitted restricted animal as referred to in article VIII of this chapter, or which is apprehended or observed unrestrained. However, this definition shall not apply to dangerous dogs as addressed in article VII of this chapter.
Dangerous dogis a dog that:
(1) Makes an unprovoked attack on a person, pet animal, livestock or other animal that causes bodily injury and occurs in a place other than an enclosure in which the dog is being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
Commits unprovoked acts in a place other than an enclosure in which the dog was being kept that was reasonably certain to prevent the dog from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person, their pet, livestock or fowl.
Domestic animalmeans any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild and any animal which can be vaccinated against rabies with an approved rabies vaccine, and any animal which has an established rabies quarantine observation period.
Estraymeans any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, pig, sheep, goat, confined and domesticated hares and rabbits, or any species of cattle.
Exercise areameans an enclosure attached to a chicken coop that provides exercise for backyard chickens. Such enclosure shall be constructed to prevent the backyard chickens from escaping and offer protection from predators.
Exotic speciesmeans any animal born or whose natural habitat is outside the continental United States excluding nonvenomous reptiles and fish.
Financial responsibilitymeans financial documents showing $100,000.00 or more in cash to cover damages resulting from an attack by the dangerous dog.
Fostermeans a person who is entrusted with the care and wellbeing of an animal from the animal adoption and rescue center, an animal shelter or a rescue/placement group until the animal can be adopted.
Fostered animalmeans any animal placed in the temporary custody of the adopter until the animal is deemed ready to be surgically altered, vaccinated and adopted. The animal remains the property of the organization from which it is being fostered from.
Fowlmeans all of those birds commonly called poultry, including but not limited to chickens, turkeys, geese, ducks, doves, guineas, swans, peafowl, pigeons and all the relatives of those birds which can be kept in pens, coops, cages or enclosure of any kind.
Harboringmeans the act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter, or care for a period of ten days or longer.
Humane officermeans a person designated by the city as the primary enforcement officer of ordinances regulating animals and owners of animals and for the enforcement of sections of the state statutes pertaining to the care and control of animals.
Local rabies control authority (LRCA)means the position determined by city council to among other duties enforce local and state rules/ordinances that comprise the minimum standards for rabies control and enforce the rules for rabies quarantine as provided in [V.T.C.A.,
Health and Safety Code], § 826.045.
means cattle, sheep, swine or goats commonly raised for human consumption; a horse, pony, mule, donkey, or hinny; native or nonnative hoofstock raised under agriculture practices.
Multiple cat householdmeans a private owner of more than four cats kept exclusively indoors as companion animals and no dogs. All cats must have valid rabies vaccinations. Permit is required.
Multiple pet householdmeans a private owner of more than three cats and two dogs or two cats and three dogs where all conditions set out in article
XIV, division 4, of this chapter are met. Permit is required.
means a clean, dry, enclosed area in a chicken coop designed to facilitate egg laying that is large enough to allow each backyard chicken being kept to sit, stand up, and turn around easily, with sufficient bedding material or nest pads to reduce egg breakage during laying.
Ownermeans any person who; owns, has lawful custody or control of an animal.
Pet animalmeans, and shall include dogs, cats, ferrets, rabbits, rodents, birds, nonpoisonous reptiles, and other species of animals which are sold or retained as household pets but shall not include skunks, nonhuman primates, and any other species of wild, exotic, or carnivorous animals that are susceptible to rabies, but not animals that may be vaccinated for rabies, and that may be further restricted in this chapter.
Pet shopmeans any person or establishment in the business of breeding, buying, selling at retail or as a broker of animals of any species for profit-making purposes.
Poultrymeans all domesticated foul and all game birds which are legally kept in captivity except those classified as exotic livestock/ratite as defined above.
Proper enclosuremeans a house or a building, or structure/pen. The structure/pen must also have minimum dimensions of five feet by ten feet. The structure/pen must form an enclosure suitable to prevent entry of young children and must be locked and secured such that an animal cannot climb, dig, jump, or otherwise escape of its own volition. The enclosure shall be securely locked at all times. The structure/pen shall have secure sides, a secured top and the structure/pen must be attached to a concrete slab to prevent the dangerous dog from escaping from the enclosure. The structure/pen shall provide adequate shelter and protection from the elements for the animal. The structure/pen must also be enclosed within a secure fence of at least six feet in height and of durable construction. The humane division may require additional accommodations if the need is demonstrated.
Properly fittedmeans, with respect to a collar, a collar that measures the circumference of an animal's neck plus at least one inch as to prevent escape from the collar.
Quarantine by owner.Following are required:
(1) Animal must be inside an enclosed structure, i.e., house or garage and must remain there for ten days.
If maintained outside, animal must be behind a fence from which it cannot escape from or inside a covered pen or kennel from which it cannot escape.
Animal must be kept away from other animals and people except those in the immediate household.
Animal may not be removed from the corporate city limits while under quarantine.
Owner shall notify the humane division immediately if the animal becomes sick or displays any behavioral changes, dies or disappears.
Owner shall not subject the animal to any medical procedure without first notifying the humane division, this too includes any vaccination.
Rabies vaccinationmeans the vaccination of a dog, cat or ferret with an anti-rabies vaccine approved by the state department of health and administered by a veterinarian licensed by the state.
Rescue/placement groupmeans an organization dedicated to pet adoptions where animals among other requirements are surgically altered and vaccinated as part of the adoption process.
Restraintmeans a chain, rope, tether, leash, cable, or other device that attaches to an animal to keep an animal from running at large. Invisible fencing, remote control collars, voice commands are not recognized as proper restraints for animals.
Running at large.An animal shall be considered running at large:
(1) Off premises. Any animal which is not restrained by means of a leash, chain, or other physical apparatus of sufficient strength and length to control the actions of such animal while off premises.
On premises:
a. Any animal not confined to premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length.
An animal intruding upon the property of another person other than the owner's shall be termed "at large."
Any animal within a vehicle in a manner that would not prevent that animal's escape or contact with other persons or animals.
Serious injurymeans bodily injury caused by an animal which produces severe pain, trauma, loss of blood or tissue, and which requires medical treatment of wounds inflicted by the animal, and shall include bodily injury resulting from victim, whether human or animal, attempting to escape or prevent contact with an injuring animal.
Severe attackmeans an attack in which the animal repeatedly bites or vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack.
Stray animalmeans any animal, for which there is no identifiable owner or harborer, which is found to be at large within the corporate limits of the city.
Theatrical exhibitionmeans any exhibition or act featuring "performing animals." Such exhibitions shall not include resident or nonresident dog and cat shows which are sponsored and/or sanctioned by the humane division, American Kennel Club, the United States Kennel Club, the Cat Fanciers Association, American Cat Fanciers Association, or any affiliate thereof, nor shall it include any primary horse show.
Unprovokedmeans, with respect to an attack by an animal, that the animal was not hit, kicked, or struck by a person with an object or part of a person's body nor was any part of the animal's body pulled, pinched, or squeezed by a person.
Veterinarianmeans any practitioner of veterinary medicine licensed by the state to practice in the state.
Wild animalmeans an animal which retains its wild nature or is not normally considered domesticated including, but not limited to, the following:
(1) Class Reptilia:Family Helodermatidea (the venomous lizards); family Viperidea (rattlesnakes, pit vipers and true vipers); family Elapidae (coral snakes, cobras and mambas); family Colubridae Dispholidus typus (boomslang); Cyclagras gigas (water cobra) and Boiga dendrophila (mangrove snake) only; order Phidia (racers, boas, water snakes and pythons); order crocodilia (crocodiles, alligators, caimans and gavials);
(2) Class Aves:Order Falconiforms (such as hawks, eagles and vultures) and subdivision Ratitae (such as ostriches, rheas, cassowaries and emus);
(3) Class Mammalia:Order Carnivora, family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; the family Canidae (such as wolves, dingos, coyotes and jackals), except domesticated dogs; family Mustelidae (such as weasels, martins, mink, badgers); family Procyonidae (raccoon); family Ursidae (such as bears); order Marsupialia (such as kangaroos and common opossums); order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees and gorillas); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison, and camels);
(4) Class Amphibi:Poisonous frogs. Does not include non-poisonous reptiles or non-poisonous snakes;
(5) Spiders:Brown recluse (loxosceles) and black widow (latrodecus) spiders.
Wildlifemeans any animal which occurs naturally in a wild state. The term "wildlife" includes any animal which is part wild.
(Ordinance 3235, § 1, adopted 4/22/2013; Ordinance 3257, § 1, adopted 6/24/2013; Ordinance 3825, § 3, adopted 11/13/2023)